Budhin Gohain vs Pradip Kr Baruah
2025 Latest Caselaw 2518 Gua

Gauhati High Court

Budhin Gohain vs Pradip Kr Baruah on 30 January, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                                      Page No.# 1/3

GAHC010009572025




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)




                                   Case No. : CRP(IO)/18/2025

            BUDHIN GOHAIN
            S/O LATE SUREN GOHAIN, R/O THELAMARA, MOUZA- THELAMARA,
            DIST- SONITPUR, ASSAM, PIN-784001

            VERSUS

            PRADIP KR BARUAH
            S/O LATE HARENDRA NATH BARUAH, R/O BAMUN CHUBURI, P.O.-
            TEZPUR, MOUZA- BHAIRABPAD, DIST- SONITPUR, ASSAM, PIN-784001



Advocate for the Petitioner : MR. P SARMAH, MR. A RAI,M SHARMA,MR. S UPADHAY,MR
B SINHA
Advocate for the Respondent : MS A ROY, MR. S SAHU,S SHAHI




                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 30.01. 2025 Heard Mr. B. Sinha, learned counsel for the petitioner and Mr. S. Sahu, learned counsel for the sole respondent.

This is an application under Article 227 of the Constitution of India against the Order dated 05.12.2024, passed by the learned Civil Judge (Sr. Division), Sonitpur, Tezpur in Money Execution Page No.# 2/3

Case No. 7/ 2019 arising out of the judgment and decree dated 09.05.2019, passed by the Civil Judge, Tezpur, Sonitpur in Money Suit No. 15/2018.

As per the order dated 05.12.2024, a warrant of arrest was issued against the petitioner/ judgment debtor due to non-payment of decreetal amount. The money Suit No. 15/2018 was filed by the respondent/ decree holder praying for payment of decreetal amount of Rs. 13,10,200/- The learned Civil Judge, Sonitpur, Tezpur vide judgment and decree dated 09.05.2019 decreed the money suit and directed the petitioner/ judgment debtor to pay Rs. 11,20,000/ payable to the respondent/ decree holder at the rate of interest of Rs. 6% per annum. Subsequently, money execution case being Money Execution Case No. 07/2019 was filed for execution of money decree. The trial Court as per order dated 18.11.2021 directed the DDO to withhold an amount of Rs. 35,500/ per month from the monthly salary of the judgment debtor and to remit the said sum to the trial court till realization of the decreetal amount. However, due to non-payment of the said amount, the learned Civil Judge (Sr. Division), Sonitpur, Tezpur, vide order dated 05.12.2024, issued a warrant of arrest against the petitioner/ judgment debtor. Hence, the petitioner is before this court with this application seeking recalling of warrant of arrest.

It is submitted by the leaned counsel for the petitioner that the petitioner is now ready and undertakes to make payment of Rs. 35,500/- per month towards payment of decreetal amount and on the basis of the warrant of arrest issued against the petitioner vide order dated 05.12.2024, he would be placed under suspension and also face problem in regular payment of decreetal amount. Therefore, the petitioner prays for recalling of the warrant of arrest.

The leaned counsel for the respondent has submitted that he has no objection to recall the warrant of arrest subject to payment of Rs. 35,500/- per month and the arrear amount.

Situated thus, the petitioner is directed to pay regularly the decreetal amount of Rs. 35,500/- per month and the arrear amount, which he would pay on installment basis within 6 (six) months from today.

In view of the above, the warrant of arrest issued vide order dated 05.12.2024, passed in Page No.# 3/3

Money Execution Case No. 07/2019 is hereby recalled.

The CRP (I.O.) stands disposed of.

JUDGE

Comparing Assistant