Punjab-Haryana High Court
Earthwise Hospitality And ... vs The Pheonix Mills Ltd And Another on 17 March, 2022
127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-3454-2021 (O&M)
Date of decision: 17.03.2022
Earthwise Hospitality and Entertainment Holding Pvt. Ltd. And another
....Petitioner
Versus
The Pheonix Mills Ltd. and another
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Sandeep Khunger
and Ms. Nitika Jaura, Advocates for the petitioners
Mr. Ashwani Kumar Chopra, Sr. Advocate with
Mr. Pankaj Gupta, Advocate for the respondent no.1
ANIL KSHETARPAL, J (Oral)
CM-2158-CII-2022
Allowed as prayed for.
Main case
This revision petition under Article 227 of the Constitution
of India has been filed challenging the correctness of the order passed by
the Additional District Judge-cum-Presiding Judge, Exclusive
Commercial Court, Gurugram, on 25.11.2021. It is not in dispute that a
consent decree in terms of the agreement between the parties was passed
on 29.04.2014. According to the aforesaid decree, certain amount was
payable by the judgment debtor to the decree-holder. Subsequently,
another decree was passed on 24.09.2018. Out of the total amount
payable, of more than two crores, an amount of Rs.11,92,000/-
(approximately) has only been paid.
For Subsequent orders see RA-CR-17-2022 Decided by HON'BLE MR. JUSTICE ANIL KSHETARPAL
1 of 3
The operative part of the order reads as under:-
"In these peculiar facts and
circumstances of the present case, time has now come
to secure the presence of Amar Aggarwal, Director of
JD No.2 in the court by way of issuance of warrant of
arrest so as to ask him as to why he should not be sent
to civil prison for having failed to clear the dues of
the DH. Having made a categorical statement on
29.05.2018 before the court, he cannot deny his
liability to pay the due amount to clear the financial
obligations of the JDs towards DH. Issuance of
warrant of arrest has become imperative as post filing
of an application under O 21 R 37 CPC, Amar
Aggarwal has not cared to appear in person even once
before the court."
It is evident that the executing court has directed the
issuance of warrants of arrest so as to secure the presence of Amar
Aggarwal, Director of JD no.2. It is also evident that he has been given
an opportunity to explain as to why he should not be sent to the civil
imprisonment. Sh. Amar Aggarwal shall appear before the Exclusive
Commercial Court, Gurugram and furnish his explanation at the first
instance.
This Court has been informed that the matter is pending for
31.03.2022. It is ordered that till 31.03.2022, the arrest of Sh.Amar
Aggarwal shall remain stayed, subject to the condition that he appears
before the Exclusive Commercial Court, Gurugram on 31.03.2022 to
explain his stand. It is made clear that if he does not appear before the
concerned court on the date fixed, the court shall be at liberty to proceed
in accordance with law.
Disposed of.
For Subsequent orders see RA-CR-17-2022 Decided by HON'BLE MR. JUSTICE ANIL KSHETARPAL
2 of 3
All the pending miscellaneous applications, if any, are also
disposed of.
17.03.2022 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
For Subsequent orders see RA-CR-17-2022 Decided by HON'BLE MR. JUSTICE ANIL KSHETARPAL
3 of 3
