Disposed

(O&M)the Branch Manager Corp. Bank Bathinda v. Surinder Kumar and Ors.

Punjab & Haryana HC9 Aug 2024CR/1050/2006

Case brief

AI extract

What is this about?

Revision against order of civil imprisonment under Order 39 Rule 2A CPC for breach of an injunction, filed by the bank's former and present managers. On the former manager's death being reported, the Court held the revision infructuous since the imprisonment order could not be enforced against the present manager.

What the court decided

AI extract

(O&M)the Branch Manager Corp. Bank… — Execution and Attachment | Punjab & Haryana HC (2024)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

311 CR-1050-2006 (O&M) Date of Decision: 09.08.2024

¶3

THE BRANCH MANAGER CORP. BANK BATHINDA …..Pe..oner

¶4

Vs.

¶5

SURINDER KUMAR AND ORS. …..Respondents

¶6

CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA

¶7

Present: Mr. Gaurav Goel, Advocate for the pe��oner.

¶8

Respondent Nos. 1 to 3 ex parte

¶9

Service of respondent No.4 is dispensed with.

¶10

Mr. Vikrant Bhardwaj, Advocate for Mr. Ashok Singla, Advocate for the respondent.

¶11

¶12

DEEPAK GUPTA, J. (ORAL)

¶13

It emerges on perusal of the paper book that on account of breach of an injunc�on order, an applica�on under Order 39 Rule 2A CPC was moved against Lachhman Singh by name; and the branch Manager Corpora�on Bank, Bank Bazar, Bathinda by post. The said applica�on was allowed on 06.03.2002 and both of them were directed to undergo civil imprisonment for a period of 02 months for a willful disobedience of the order.

¶14

The appeal filed by the Branch Manager Corpora�on Bank was dismissed by the First Appellate Court on 25.05.2005.

¶15

Against the aforesaid orders, Sh. Brijpal Singh who was Manager at the relevant �me for alleged breach; and Sh. H.S. Negi, present Branch Manager approached this Court by way of the present revision.

¶16

Today it is informed by learned counsel for the Corpora�on Bank that Sh. Brijpal Singh, who was manager at the relevant �me, has since expired as confirmed by him through the present manager.

¶17

PRIYANKA 2024.08.09 17:28 I attest to the accuracy and integrity of this document

¶18

CR-1050-2006 (O&M) -2-

¶19

In the aforesaid facts and circumstances, this present revision has become infructuous because the order of breach of viola�on under Order 39 Rule 2A CPC cannot be implemented against the present manager.

¶20

The present revision is disposed of as having been rendered

¶21

infructuous. Pending applica�on(s), if any, shall stand disposed of.

¶22

09.08.2024

¶23

( DEEPAK GUPTA ) JUDGE

¶24

pry

¶25

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶26

PRIYANKA 2024.08.09 17:28 I attest to the accuracy and integrity of this document

(O&M)the Branch Manager Corp. Bank Bathinda v. Surinder Kumar and Ors.

Case brief

What is this about?

What the court decided

(O&M)the Branch Manager Corp. Bank Bathinda v. Surinder Kumar and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gurbachan Singh Alias Bachan Singh through Lrs and Anr. Vs Mohinder Singh and Ors.

Krishan Kumar Vs State of Haryana

Yasin and Others Vs Kanta Chemical Private Limited and Others

Phool Wati Vs Manjit Singh

Nasib Singh Vs St.Hr.

Pal Masih Vs Lal Masih and Others