Shri Satya Dev And Anr. vs M/S. Gaurav Financiers & Anr.
2014 Latest Caselaw 4170 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         C.R.P.No.640/2000

%                                                     4th September, 2014

SHRI SATYA DEV AND ANR.                                       ......Petitioners
                  Through:               Ms. Neha Singh, proxy counsel.



                          VERSUS

M/S. GAURAV FINANCIERS & ANR.                            ...... Respondents

Through: None.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. This is a petition pending since the year 2000. It is now over

around 14 years. This petition was dismissed in default on 17.7.2002

whereafter it was restored and listed in the category of 'Regular Matters' on

4.10.2002. When no one appeared for the petitioner, court notice was issued

vide order dated 23.1.2013. Petitioners thereafter appeared through their

Advocate. Today, on the first call pass over was requested, as counsel was

not available, which was granted, however, even on the second call, counsel

for the petitioner does not appear. Considering the facts of this case, I am

not inclined to grant a second pass over or an adjournment.

2. The challenge by means of this petition under Section 115 of

Code of Civil Procedure, 1908 (CPC) is to the impugned order of the

executing court dated 5.5.2000 by which the executing court has issued

warrants of attachment against the salary of the judgment debtor no.2. The

admitted position is that an exparte Award was passed against the petitioner.

The petitioner did not comply with the exparte Award and which was passed

because the loan taken with respect to purchase of a refrigerator was not

repaid. Petitioners are the borrower and guarantor.

3. In view of the fact that Award has become final, and liability

under the same has not been discharged, hence, there is no illegality in the

impugned order of the executing court dated 5.5.2000 issuing warrants of

attachment with respect to the salary of the judgment debtor no.2.

4. Dismissed.

VALMIKI J. MEHTA, J SEPTEMBER 04, 2014 Ne