Punjab-Haryana High Court
M/S Gati Ltd. And Anr vs John Samuel Syal on 3 April, 2024
Author: Archana Puri
Bench: Archana Puri
Neutral Citation No:=2024:PHHC:044561
2024:PHHC:044561
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CR-2979-2016
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.114
CR-2979-2016
Date of Decision: 03.04.2024
M/S GATI LTD. AND ANR.
....Petitioners
Versus
JOHN SAMUEL SYAL
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Sumeet Kumar, Advocate
for the petitioners.
Mr. Vikas Chatrath, Advocate
for the respondent.
*****
ARCHANA PURI, J. (Oral)
The petitioners have invoked the jurisdiction of this Court under
Article 227 of the Constitution of India, thereby making prayer for setting
aside of the order dated 17.10.2015 (Annexure P-13), passed by the Court
below, whereby the objections filed by the petitioner/Judgment Debtor, were
dismissed.
Learned counsel for the parties heard.
As evident from the submission made by both the counsel,
respondent had filed an application for settlement of dispute under Section
22 C (1) of the Legal Services Authorities Act, against the present
petitioners and copy of the order passed on the same is Annexure P-5. The
Award was passed for a sum of Rs.30,000/-, in favour of the respondent,
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Neutral Citation No:=2024:PHHC:044561
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CR-2979-2016
who was applicant before the Permanent Lok Adalat and besides the same,
there was interest component of 15% per month, till the realization of the
principal amount. However, when the application was filed for seeking
execution of the order, objections were filed at the instance of the
petitioners, thereby making a prayer that an amount of Rs.30,000/- was
infact, deposited in consonance with the order passed by this Court in CWP-
1279-2009 on 27.01.2009, copy whereof is Annexure P-1. The order passed
vis-a-vis, the deposit, so made, in consonance with the order passed by the
High Court is Annexure P-4.
Also, at this stage, it has brought to the notice of the Court by
both the counsel that principal amount of Rs.30,000/- has since been
deposited and precisely, on this account, the petitioner had filed the
objections, which were dismissed, vide the impugned order.
The receipt of the amount of Rs.30,000/-, as principal amount,
has not been disputed. In fact, now the contest is only qua the interest
amount.
At this stage, learned counsel for the petitioners submits that an
amount of Rs.36,000/-, on account of interest, so imposed is outstanding till
31.05.2016 and petitioners are ready to pay the same.
Keeping in view the tone and tenor of the deposit of the order
dated 28.01.2009 with regard to the deposit made, the offer of deposit of the
amount of Rs.36,000/-, on account of outstanding interest, is acceptable to
learned counsel for the respondent also.
In the given circumstances, the petitioner shall deposit the
amount of Rs.36,000/- as full and final settlement, in the account of
respondent-John Samuel Syal, upon furnishing of account details by learned
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counsel for the respondent to learned counsel for the petitioners, within a
period of seven days from today onwards. After making the requisite
deposit, the respondent shall apprise the Executing Court about the same on
the next date of hearing.
In view of the aforesaid terms, the instant revision petition is
hereby disposed of.
(ARCHANA PURI)
03.04.2024 JUDGE
Sonu
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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