Kamal Dayal Chaudhary vs M/S Ashok Leyland Finance Ltd. And ...
2024 Latest Caselaw 6906 P&H

Punjab-Haryana High Court

Kamal Dayal Chaudhary vs M/S Ashok Leyland Finance Ltd. And ... on 2 April, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                                     Neutral Citation No:=2024:PHHC:044074




CR-1976-2024(O&M)                                              2024:PHHC:044074

118                                                                               -1-

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                       CR-1976-2024(O&M)
                                       Date of Decision :- 02.04.2024


Kamal Dayal Chaudhary

                                                                  .......Petitioner
                    Versus


M/s Ashok Leyland Finance Limited and others


                                                               .......Respondents


CORAM:-             HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:            Mr.Sanjiv Gupta, Advocate
                    for the petitioner.

                    ****

SUVIR SEHGAL, J. (ORAL)

1. Instant petition has been filed under Article 227 of the

Constitution of India for setting aside impugned order dated 26.02.2024,

Annexure P2, passed by the learned Additional District Judge, Gurugram,

whereby objection filed by the petitioner to the Execution Petition, was

rejected.

2. Perusal of the paper-book shows that the property

being put to auction was purchased by the judgment debtor on 07.07.1997

and it was mortgaged on 09.01.2001. Objector/petitioner claims to have

purchased it by way of sale deed executed on 20.04.2004. However, the

copy of the sale deed has not been placed on record.

3. Before the petition can be decided on merits, let the

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Neutral Citation No:=2024:PHHC:044074

CR-1976-2024(O&M) 2024:PHHC:044074

118 -2-

petitioner place on record the copy of the said sale deed as well as copy of

any agreement to sell arrived at between the parties. Petitioner shall also

explain as to how and in what mode the consideration was paid as also

whether the sale deed was registered. He shall also place on record a copy

of the civil suit as well as all the interim orders passed by the trial Court.

4. At this stage, counsel for the petitioner seeks and is

granted permission to withdraw the present revision petition with liberty

to file a fresh one with better particulars.

5. Dismissed as withdrawn with liberty as aforesaid.

6. Pending miscellaneous application (s), if any, stand

disposed of.

02.04.2024                                            (SUVIR SEHGAL)
Brij                                                     JUDGE

Whether reasoned/speaking                      :      Yes/No
Whether reportable                             :      Yes/No




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