M/S Elite Enterprises And Another vs Mpm P Ltd
2023 Latest Caselaw 19858 P&H

                                                          Neutral Citation No:=2023:PHHC:145732




           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
114                                                         2023:PHHC:145732

                                                  CR-8764-2017(O&M)
                                                  Date of decision: 16.11.2023

M/S ELITE ENTERPRISES AND ANOTHER                                  ..Petitioners

                                    Versus

MPM (P) LTD                                                       ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Rakesh Bhatia, Advocate for the petitioner.

Ms. Sukhan Rangi, Advocate for Mr. Satinder Dhaliwal, Advocate for respondent No.2.

ANIL KSHETARPAL, J(Oral)

1. The petitioners herein are judgment debtor No.1 and judgment

debtor No.4. A decree for recovery of Rs.4,85,282/- was passed by the Court

of 7th Joint Civil Judge, Junior Division, Nagpur on 03.03.2014. For the

purpose of the execution of the aforesaid decree, the proceedings were

transferred to the Court situated at Ludhiana. In the execution petition,

notice was issued to the judgment debtors. On 04.10.2017, judgment debtors

No.1, 2 and 4 neither appeared nor were represented by any counsel. They

were proceeded against the ex parte. An application for setting aside the ex

parte proceedings was filed, which is pending. In the meantime, the

executing Court has directed the implementation of warrants of attachment

as it was reported by the Court official that the same cannot be executed

without the police help. The correctness of such order is challenged before

this Court.

2. The learned counsel representing the petitioner submits that

judgment debtor No. 4 is not a partner in the judgment debtor No.1-

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partnership firm. He further submits that without deciding the application for

setting aside ex parte proceedings, the Court could not issue the warrants of

attachment through police help.

3. This Court has considered the submissions of the learned

counsel representing the parties.

4. The petitioners were proceeded against ex parte on 04.10.2017.

They can join the proceedings on the next date of hearing. Order IX of the

Code of Civil Procedure, 1908, permits a party, who has been proceeded

against ex parte to apply for setting aside such order, if he wants to be

restituted to the same position on the day he was proceeded against ex parte.

In other case, the party who has been proceeded against ex parte can join the

proceedings on any future date of hearing.

5. As regards the argument of the learned counsel representing the

petitioners that judgment debtor No.4 is not a partner, the Executing Court

cannot go behind the decree.

6. The next submission of the learned counsel representing the

petitioners also does not have substance because through attachment, the

Court is only trying to secure the amount payable under the decree.

7. In view of the aforesaid facts and discussion, no ground to

interfere is made out.

8. Dismissed accordingly.

9. All the pending miscellaneous applications, if any, are also

disposed of.

November 16th, 2023                                   (ANIL KSHETARPAL)
Ay                                                         JUDGE
Whether speaking/reasoned         :      Yes/No
Whether reportable                :      Yes/No

Neutral Citation No:=2023:PHHC:145732

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