Rajesh Kumar vs Sohan Singh And Other
2024 Latest Caselaw 8090 P&H

Punjab-Haryana High Court

Rajesh Kumar vs Sohan Singh And Other on 18 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                               Neutral Citation No:=2024:PHHC:052255




CR-2665-2022(O&M)                                        2024:PHHC:052255
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130            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                          CR-2665-2022(O&M)
                                          Date of decision :18.04.2024

Rajesh Kumar                                             ...Petitioner

                                          Vs.

Sohan Singh and other                                    ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:       Mr. Parminder Walia, Advocate
               for the petitioner.

               Mr. Deepak Verma, Advocate
               for respondent No.1.

               Mr. R.C. Kapoor, Advocate
               for respondent No.2.


ANIL KSHETARPAL, J. (Oral)

1. In this case, the respondent No.1 herein is a claimant. In an

award passed by Motor Accident Claims Tribunal, Kaithal, he has been

held entitled to compensation. The Execution petition to implement the

aforesaid award passed by the Motor Accident Claims Tribunal, Kaithal

is pending. The Executing Court in order to secure the presence of the

petitioner has ordered his conditional warrant of arrest.

2. Heard the learned counsel representing the parties at length

and with their able assistance perused the paper-book.

3. Learned counsel representing the petitioner submits that the

Judgment Debtor is required to first of all file list of the properties and

the Court can order his arrest, only if, recovery by sale of property is not

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Neutral Citation No:=2024:PHHC:052255

CR-2665-2022(O&M) 2024:PHHC:052255

possible.

4. This Court has considered the submissions made by the

learned counsel for the parties.

5 The petitioner herein is a Judgment Debtor. He has to

appear before the Executing Court and file an affidavit disclosing his

assets. Since, he was not appearing, therefore, the Court issued

conditional warrant of arrest. However, the learned counsel representing

the petitioner submits that the petitioner is prepared to appear before the

Executing Court.

6. In view aforesaid statement, the revision petition is disposed

of with a direction to the petitioner to appear before the Executing Court

on 29.04.2024 and furnish details of his properties. Thereafter, the Court

will proceed in accordance with law.

7. For a period of next 10 days, the petitioner's arrest under the

orders of the Executing Court shall remain stayed.

                                                      (ANIL KSHETARPAL)
18.04.2024                                                 JUDGE
neeraj       Whether speaking/reasoned :        Yes          No
             Whether Reportable :               Yes          No




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