Chattisgarh High Court
Ashish Mishra vs Pradeep Agrawal on 2 December, 2022
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
M.C.C. NO. 636 OF 2022
Ashish Mishra, S/o. S.N. Mishra, aged about 49 years, R/o 481,
Ward No.41, behind Lucky Bharat Garage, Yadav Gali,
Chuchuhiyapara, Shanker Nagar, Bilaspur, District Bilaspur (C.G.)
... Applicant
versus
Pradeep Agrawal, S/o Late Satyanarayan Agrawal, R/o Flat No.
304, 3rd Floor, Mahima Vihar Bilaspur, District Bilaspur (C.G.),
presently residing at Mahesh Colony, Gudiyari, Raipur, District Raipur
(C.G.)
... Respondent
For Applicant : Mr. N.K. Chatterjee, Advocate.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
[02/12/2022]
1. The present is a repeat MCC filed by the Applicant.
2. The whole dispute arises out of the Order passed by this High
Court in W.P.(227) No.253/2020 disposed of on 4.3.2020. It was a
case where the Applicant had sought for necessary police protection
for execution of the warrant of arrest against the
Respondent/Judgment Debtor in Civil Execution Case No.55-B/2015.
The High Court had disposed of the said Writ Petition by making the
following observations:-
"3. After considering the submissions made by counsel
for the petitioner, I am of this view that if the circumstances
so permit then the Court has the inherent power to order
for police assistance in execution of warrant of arrest in
civil cases. Therefore, the petition is disposed off and the
application filed by the petitioner for seeking police help is
allowed. Learned Court below is directed to provide the
police help for execution of warrant of arrest in accordance
with the rules that are provided in Civil Court Rules and
Orders."
3. Subsequently, an MCC was filed by the Applicant, i.e., MCC
No.390/2020 which again came up for hearing before this High Court
on 14.8.2020 whereby the earlier Order passed in the aforesaid Writ
Petition stood modified to the extent that the Execution Court was
directed to make all endevours to conclude the execution proceedings
within six months from the date when the normal functioning of the
Subordinate Courts stands restored.
4. It is necessary to mention that the normal functioning of the
Subordinate Courts during the relevant period was hampered because
of the COVID-19 pandemic and the lockdown that followed thereafter.
5. Since the said proceedings could not be concluded within the six
months' time, as ordered, there was yet another MCC i.e., MCC
No.298/2022, filed by the Applicant based upon the letter received
from the Eight Additional District Judge, Bilaspur seeking for extension
of time. The said MCC also stood allowed and the extension was
granted for further six months' time to conclude the proceedings.
6. In spite of the further six months' time granted, the VIII
Additional District Judge, Bilaspur could not get the Order executed
and the extended six months' period is also now coming to end. This
has again forced the Applicant to file the present MCC seeking for
further extension of time.
7. The second extension of time sought for by the Applicant is
totally uncalled for. The execution proceedings are not getting
deferred or delayed because of the fault of the Applicant. If, at all,
there was any extension of time required, it was for the concerned
Additional District Judge considering the execution case to have made
an appropriate correspondence seeking for extension of time.
8. For the said reasons, this Court is not inclined to entertain the
present MCC, leaving it open for the concerned Additional District
Judge to take appropriate steps showing the bona fides for not
concluding the execution proceedings within the stipulated period.
9. The original Order passed by the Writ Court was passed on
4.3.2020. The execution proceedings were in-fact initiated as early as
in 2015 and in between seven years' time has lapsed. The Execution
Court should not reflect the helplessness in getting the Order
executed. The Court while disposing of the said MCC had made it
very clear that all endevours should be made for getting the Order
executed at the earliest.
10. Without further commenting, the present MCC at the stage
stands disposed of.
Sd/-
(P. Sam Koshy)
/sharad/ Judge
