Disposed

Shri Amrit Lal v. Shri Ganesh Raj Bansal

Rajasthan HC6 Dec 2021CW/11690/2021

Case brief

AI extract

What is this about?

A writ petitioner approached the court stating non-payment of the decree amount despite attachment of the judgment debtor's bank account. The court directed the petitioner to file an execution application within two weeks, citing a relevant Supreme Court judgment.

What did the court decide?

Directed the petitioner to file an application before the Executing Court within two weeks; staying the stay application.

Shri Amrit Lal Vs Shri Ganesh Raj Bansal — Execution and Attachment | Rajasthan HC (2021)

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(1 of 2)

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[CW-11690/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 11690/2021

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Shri Amrit Lal S/o Bihari Lal, Aged About 72 Years, By Caste Agarwal, Resident Of Sector No.9/1, House No.33, Hanumangarh Junction.

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Surendra Kumar S/o Bihari Lal, Aged About 63 Years, By Caste Agarwal, Resident Of Singla Rise And General Mills, Prem Nagar, Hanumangarh Town.

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Smt. Neelam Bansal W/o Rajkumar Bansal D/o Bihari Lal, Aged About 68 Years, 4-G-3, Jawahar Nagar, Sri Ganganagar.

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Smt. Santosh Rani W/o Ramswaroop D/o Bihari Lal, Aged About 58 Years, 343, Puran Chand Gupta Wali Gali, Sangaria, District Hanumangarh.

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----Petitioners

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Versus

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Shri Ganesh Raj Bansal S/o Late Ram Prasad, By Caste Agarwal, Resident Of I-273, Civil Line, Hanumangarh Junction, Tehsil And District Hanumangarh.

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----Respondent

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For Petitioner(s) : Mr. G. R. Goyal

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JUSTICE DINESH MEHTA

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Order

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06/12/2021

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The petitioners have approached this Court with the grievance that though the petitioners have filed an execution petition way back in the year 2017, they have not received the fruits of the decree and in spite of the fact that bank account of the judgment debtor stands attached by the Executing Court, amount has not been paid.

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Without making any observation about the petitioners’ entitlement or right flowing from the decree, the present writ

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(2 of 2)

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[CW-11690/2021]

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petition is disposed of with the direction to the petitioner to file an application before the Executing Court within a period of two weeks from today along with certified copy of the order instant and a photo-stat copy of the judgment and decree and judgment of Hon’ble Supreme Court rendered in the case of Rahul S. Shah

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Vs. Jinendra Kumar Gandhi & Ors. reported in AIR 2021 SC

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2161 .

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In case such an application is filed, the Executing Court shall do the needful in accordance with law as early as possible preferably within a period of eight weeks from the date of receipt of the copy of this order.

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It is made clear that aforesaid direction to decide the application has been issued only with a view to ensure expeditious redressal of petitioners’ grievance. The same may not be construed to be an order to decide the application in a particular manner.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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216-A.Arora/-

Shri Amrit Lal v. Shri Ganesh Raj Bansal

Case brief

What is this about?

What did the court decide?

Shri Amrit Lal v. Shri Ganesh Raj Bansal

Case brief

What is this about?

What did the court decide?

What the court decided

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