Karnataka High Court
Rizwan Bawa vs Gerald Monis on 17 March, 2022
Bench: E.S.Indiresh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
W.P. NO. 3889 OF 2022 (GM-CPC)
BETWEEN
RIZWAN BAWA
S/O KASIM BAWA
AGED 54 YEARS
PARTNER M/S SILVER LINE TRADING
ESTABLISHMENT
R/AT A-1 MUBARAK
ROZARIO CHURCH COMPOUND
PANDESHWARA
MANGALORE, D K -575 001
...PETITIONER
(BY SRI KETHAN KUMAR, ADVOCATE)
AND
GERALD MONIS
S/O JULIAN STEPHEN MONIS
AGED ABOUT 61 YEARS
PROPRIETOR
M/S COSMIC TRADING CO.
R/AT GREEN GORVE, KADRI
MANGALORE, D K - 575 002
....RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED
18TH DECEMBER, 2021 PASSED IN EXECUTION CASE NO.1 OF 2013
2
ON THE FILE OF SR CIVIL JUDGE AT MANGALORE, D.K. OF
ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed by the petitioner, challenging the
order dated 18.12.2021 passed in Execution Case No. 1 of 2013
on file the file of Senior Civil Jude, Mangalore, Dakshina
Kannada, issuing arrest warrant against the judgment debtor.
2. The relevant facts for the adjudication of the petition
are that, the respondent has filed OS No.159 of 2006 on the file
of the Principal Civil Judge, Mangalore, D.K., seeking recovery of
money, for a sum of Rs.32,59,600/-, which came to be decreed
by the Trial Court on 18.11.2009. Thereafter, the respondent has
filed Execution Case No.1 of 2013 before the Trial Court and
sought to execute the judgment and decree passed by the Trial
Court. In the meanwhile, the Execution Court has passed an
order on 24.03.2016, and same was challenged before this court
in Writ Petition No.21987 of 2016. This court, by order dated
28.06.2021, recalled the arrest warrant subject to deposit of
25% of the decreetal amount before the Executing Court. The
petitioner herein has failed to deposit 25% of the decreetal
amount and as such, the Trial Court has passed the impugned
order dated 18.12.2021. Feeling aggrieved by the same, the
petitioner has presented this Writ Petition.
3. Sri Kethan Kumar, learned counsel appearing for the
petitioner, reiterated the averments made in the Writ Petition.
4. Having taken note of the averments made in the
Writ Petition No.21987 of 2016, this Court has passed an order
on 28.06.2021. Paragraph 6 of the same, reads as under:
"6. In the circumstances, this petition is
disposed of by directing the petitioner to deposit 25% of
the decreetal amount before the Executing Court. The
arrest warrant has been recalled subject to deposit of
25% of the decreetal amount before the Executing Court.
Thereafter, the Executing Court shall proceed further."
Despite the same, the petitioner herein has not deposited
the amount and as such, virtually disobeyed the order of this
court and in that view of the matter, I do not find any merit in
the submission made by learned counsel appearing for the
petitioner. Hence, I do not find illegality in the impugned order
passed by the trial Court. Accordingly, the Writ Petition is
dismissed.
Sd/-
JUDGE
SB
