CMPMO/115/2021
2021 Latest Caselaw 2800 HP

CMPMO No. 115 of 2021

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04.05.2021 Present: Mr. Rajesh Kashyap, Advocate, for the petitioner through

Video Conferencing.

CMPMO No. 115 of 2021 and CMP No. 5465 of 2021

It is the case of petitioner that he was not properly served

in execution petition wherein he has been arrayed as Judgment Debtor

No.3 and it is only on publication of notice of sale of his property, he

came to know about pendency of execution petition for attachment of

his property and order dated 25.3.2021 passed for sale thereof on

5.5.2021.

It is submitted by learned counsel for petitioner that now,

as appearing from order passed by Executing Court on 30.7.2019 and

5.12.2019, property of petitioner/Judgment Debtor No.3 has been

attached and vide order dated 25.3.2021 the ex-parte warrant of sale,

for sale of said property on 5.5.2021, has been passed by calling the

report thereof on 11.5.2021.

It is also submitted by learned counsel for petitioner that

Judgment Debtor No.1/respondent No.2 herein namely Ms. Poonam

Sharma has availed loan from respondent No.1 and out of Rs.15 lacs,

she has already paid Rs.11 lacs and further she is ready to make

repayment of balance amount of loan to respondent No.1.

In aforesaid circumstances, prayer for staying the sale of

property of petitioner/Judgment Debtor No.3 has been made.

Considering the entire facts and circumstances and

particularly submissions of learned counsel for petitioner, order dated

25.3.2021 qua the sale of property of petitioner Manoj Kumar (JD

No.3) is stayed till next date of hearing with direction that warrant of

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sale qua property of petitioner (JD No.3) shall not be executed till next

date of hearing.

Notice to respondent No.1 through registered AD as well

as through counsel Mr.Amit Singh Kanwar, Advocate, District Court,

Shimla whose official as well as residential address shall be provided

by learned counsel for petitioner.

Notice to respondents No. 2 and 3 through RAD as well

as Process Serving Agency for next date of hearing. Steps for service

be taken during the course of day.

List on 03.06.2021.

The petitioner is permitted to produce copy of order

downloaded from the High Court website and the concerned authority

shall not insist for certified copy of the order, however, they may

verify the order from the High Court website or otherwise.

Copy dasti on usual terms.

    May 04, 2021                                  (Vivek Singh Thakur)
    (ms)                                                   Judge