Disposed

Shyam Sunder v. New India Assurance Company Ltd.

Punjab & Haryana HC6 Feb 2013CR/4048/2010

Case brief

AI extract

What is this about?

Petitioner assailed orders allowing civil imprisonment and issuing arrest warrant due to non-surrender of a vehicle. Court noted vehicle was surrendered and auction proceeds deposited. Directed executing court to pass fresh speaking order on arrest while reserving right to recover balance.

What did the court decide?

Petition disposed; directing executing court to reconsider arrest case and pass speaking order; balance recovery may proceed via other means.

Shyam Sunder Vs New India Assurance… — Execution and Attachment | Punjab & Haryana HC (2013)

¶1

CR No. 4048 of 2010

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CR No. 4048 of 2010 (O&M) Date of decision: February 6, 2013

Shyam Sunder

...Petitioner

Versus

New India Assurance Company

¶9

...Respondents

¶10

CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL

¶11

Present: Mr. Gaurav Jain, Advocate, for Mr. SS Kharb, Advocate, for the petitioner.

¶12

Mr. Ravinder Arora, Advocate with Mr. Neeraj Khanna, Advocate, for the respondent.

¶13

A.N. JINDAL, J. (Oral)

¶14

Written request made on behalf of the petitioner is declined. This petition assails the order dated 7.5.2010, vide which the application filed by the respondent for arrest and detention of the petitioner in civil imprisonment was allowed and order dated 7.6.2010, vide which warrant of arrest have been issued against the petitioner.

¶15

Heard.

¶16

This Court, while issuing notice of motion, vide order dated

¶17

5.7.2010 had filed the following order:-

¶18

“The petitioner shall appear before the Claims Tribunal either in person or through counsel on 31.7.2010 i.e. the date said to be fixed there and may show cause against his arrest and detention and shall also surrender the vehicle in question on the said date before the Tribunal for sale in the execution petition,

¶19

CR No. 4048 of 2010

¶20

¶21

failing which the stay shall stand vacated.” Thereafter, the petitioner-Shyam Sunder filed the affidavit dated 21.4.2011 in this Court, indicating that in light of the order dated 5.7.2010, the petitioner has surrendered the vehicle before the executing court and the same was put to auction and the amount fetched from the auction stands deposited with the executing court. Certainly this amount has to be adjusted against the award passed in favour of the decree-holder.

¶22

In the circumstances, this petition is disposed of with the direction to the executing court to consider the case afresh regarding arrest of the petitioner and pass a speaking order in that regard. However, this would not stand in the way of the executing court to recover the remaining amount from the petitioner in any other manner.

¶23

February 6, 2013 (A.N. JINDAL) prem JUDGE

Shyam Sunder v. New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Shyam Sunder v. New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Jatinder Singh and Ors. Vs Sher Singh and Ors.

Jatinder Singh and Ors. Vs Sher Singh and Ors.

Sushila and Ors. Vs Jai Parkash

(O&M)Ms Rama Rice Mills Vs Punjab State Civil Supplies and Ors.

Jeet Singh Vs Ram Dia and Anr.

Angerj Kaur and Ors. Vs State of Punjab and Ors.