Punjab-Haryana High Court
Nldk Timbers Pvt. Ltd. And Another vs K Abrasive Solutions Pvt. Ltd on 4 July, 2023
Neutral Citation No:=2023:PHHC:083500
C.R.No.3510 of 2023 (O&M) 2023:PHHC:083500
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R.No.3510 of 2023 (O&M)
Date of Order: 04.07.2023
NLDK Timbers Private Limited and another
.Petitioners
Versus
K Abrasive Solutions Private Limited ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Nitin Kaushal, Advocate, for
Mr. Saurabh Chawla, Advocate
for the petitioners.
ANIL KSHETARPAL, J
1. The petitioners herein are the judgment debtors. A civil suit for
recovery of Rs.3,70,833/- along with interest @ 6% per annum was decreed
with cost on 04.07.2019. In the execution petition, the court by way of
impugned order has ordered issuance of warrants of arrest of petitioner no.2,
whereas petitioner no.1 is a company.
2. On 02.06.2023 the following order was passed:-
"Counsel for the petitioners seeks some time to get his
instructions as to whether the petitioners are willing to
deposit the entire decretal amount within a specified
period. On his request, adjourned to 04.07.2023."
3. The learned counsel representing the petitioners contends that
the petitioner no.2, at present, does not have the wherewithal to pay the
amount in lump sum. He submits that in order to show their bonafide,
petitioner no.2 has prepared a Demand Draft of Rs.2,00,000/- (DD
No.302287) drawn in favour of the respondent-decree holder and has sent a
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copy as a WhatsApp message to him.
4. The learned counsel representing the petitioners inter-alia
contends that the Executing Court without giving an opportunity to the
petitioner to show cause has directly ordered issuance of warrants of arrest
which is not in consonance with the provisions of Order 21 Rule 37 of the
Code of Civil Procedure, 1908.
5. From the reading of the order, it appears that the execution
petition remained pending for nearly 4 years and the petitioners were given
sufficient opportunities to comply with the decree. However, inability to
comply with the civil court decree for recovery of the amount ipso facto
does not lead to arrest and detention of the judgment debtor in civil
imprisonment. Before such order is passed, the Executing Court is required
to record a satisfaction that the judgment debtor is intentionally refusing to
comply with the decree despite having wherewithal to comply with the
same.
6. The learned counsel representing the petitioners submits that the
next date of hearing before the Executing Court is 12.07.2023 and petitioner
no.2 undertakes to tender the Demand Draft of Rs.2,00,000/- in the Court on
12.07.2023.
7. Keeping in view the aforesaid facts, the Executing Court is
directed to keep in abeyance the warrants of arrest issued against the
judgment debtor (petitioner) till the petitioner is granted sufficient
opportunity to furnish explanation disclosing the reasons for failure to
comply with the decree. The Executing Court would consider the same in
accordance with law before proceeding further.
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8. Since, this order has been passed without issuing notice to the
decree holder, hence liberty is granted to file objections, if any.
9. Needless to observe that the observations made by this court
shall not be construed as final expression on the merits of the case.
10. Disposed of accordingly.
11. All the pending miscellaneous applications, if any, are also
disposed of.
July 04, 2023 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned :YES/NO
Whether reportable :YES/NO
Neutral Citation No:=2023:PHHC:083500
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