M/S Japsichem Pharmaceuticals & ... vs M/S Vishal Engineering Co
2023 Latest Caselaw 1830 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                   CMPMO No. 78 of 2023
                       Date of decision : 4.3.2023.




                                                                        .

    M/s Japsichem Pharmaceuticals & others     ...Petitioners.
                                   Versus
    M/s Vishal Engineering Co.                                       ...Respondent





    Coram:
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.





    Whether approved for reporting?1
    For the petitioners                :     Mr.     Servedaman                     Rathore,
                                             Advocate.

    For the respondent             :         Nemo


    Satyen Vaidya, Judge (Oral):

By way of instant petition, a prayer has been made

to set aside order dated 22.11.2022, passed by learned Senior

Civil Judge, Nahan, District Sirmour, H.P.

2. From the available record, it is made out that the

petitioners herein are the judgment-debtors in a money decree,

passed in favour of the respondent herein.

3. In execution proceedings, the Executing Court by

exercising its jurisdiction under Order 21 Rule 41 of the CPC

directed the petitioners herein to disclose their assets by

furnishing an affidavit. The petitioners failed to comply with

Whether reporters of Local Papers may be allowed to see the judgment?

the order and finally, on 20.1.2023, the learned Executing

Court passed an order of civil imprisonment of the petitioners.

.

4. Learned counsel for the petitioners has submitted

that due to covid condition and other attending circumstances,

petitioners were not in a position to satisfy the decree and in

case they are allowed more time, the entire decree would be

satisfied by them. The submissions made by the learned

counsel for the petitioners cannot be countenanced, as these

have no legal basis. I have found no infirmity and illegality in

the orders passed by the learned Executing Court.

5. The petition is accordingly dismissed. Pending

applications, if any, also stand disposed of.

                                               (Satyen Vaidya)
    4th March, 2023                                 Judge





         (kck)