Punjab-Haryana High Court
Satwinder Singh And Others vs Manohar Singh And Another on 24 April, 2024
CR-6426-2023 (O&M) 2024:PHHC:055660 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(118) CR-6426-2023 (O&M)
Date of Decision : 24.04.2024
Satwinder Singh and others ... Petitioners
Versus
Manohar Singh and another ...Respondents
CORAM: HON'BLE MRS. JUSTICE RITU TAGORE
Present: Mr. N.S. Dandiwal, Advocate
for the petitioners.
Mr. Sahil Soi, Advocate
for the respondents.
3K 2 ok 3
RITU TAGORE, J
1. Challenge in this revision is to order dated 31.07.2023
(Annexure P-5) passed by learned Civil Judge, (Jr. Division-III), Moga vide
which arrest warrants of petitioners (JDs) have been issued by learned
Executing Court.
2. Learned counsel for the petitioners submitted that a suit was filed
by the respondents against the petitioners for recovery of Rs.3,00,000/- as
damages and expenses, on several pleas taken in the plaint. The said suit was
decreed for Rs.3,00,000/- vide judgment and decree dated 28.02.2019
(Annexure P-2). The petitioner Satwinder Singh and another filed appeal
against the judgment and decree dated 28.02.2019 (Annexure P-2), which was
dismissed vide judgment and decree dated 19.12.2023, as evidenced from the
downloaded copy of the judgment placed on record by learned counsel for the
petitioners, and further Regular Second Appeal No.1000 of 2024 titled
'Inspector Satwinder Singh and others vs. Manohar Singh and others' has
CR-6426-2023 (O&M) 2024:PHHC:055660 2
been instituted and is pending adjudication before the Coordinate Bench of
this Court for 25.07.2024. It is admitted by learned counsel for the petitioners
that no stay has been granted in the aforementioned regular second appeal.
3. Learned counsel for the petitioners further submits that in
compliance of order dated 30.10.2023, passed by the Coordinate Bench of this
Court, the petitioners have deposited a sum of Rs.1,50,000/- with the learned
Executing Court, and are willing to deposit the remaining amount of
Rs.1,50,000/-. Further urged that the decreetal amount of Rs.3,00,000/- be not
released or be ordered to be kept in the form of fixed deposit in the
nationalized bank, till adjudication or any direction given by this Court in the
aforementioned regular second appeal. It is, thus, prayed to set aside the
impugned order dated 31.07.2023 (Annexure P-5).
4. Contra, learned counsel for the respondents submits that the
petitioners have not complied with the order dated 30.10.2023, passed by the
Coordinate Bench, therefore, no ground is made out to set aside the impugned
order dated 31.07.2023 (Annexure P-5), which has been passed to execute the
judgments and decree of the learned Courts below. Admittedly, it is stated by
learned counsel for the respondents no stay has been granted in favour of the
petitioners in the aforementioned regular second appeal. Therefore, the prayer
made by learned counsel for the petitioners not to release the decreetal amount
is unwarranted in the present revision.
5. I have heard learned counsel for the parties and have gone
through the paper book.
6. While issuing notice of motion in the present revision, the
Coordinate Bench passed the following order :-
"Notice of motion for 31.01.2024.
In the meantime, operation of impugned order is stayed
CR-6426-2023 (O&M) 2024:PHHC:055660 3
subject to deposit of €1.5 lac by the petitioners with the
Executing Court concerned, within next 15 days but the
same is not to be disbursed to the decree holders till further
orders."
7. The petitioners have shown their willingness to pay remaining
decreetal amount of Rs.1,50,000/- before the learned Executing Court.
Accordingly, petitioners are directed to deposit the remaining decreetal
amount of Rs.1,50,000/- on or before 27.05.2024 (as disclosed by the learned
counsel for the petitioners), the date fixed before the learned Executing Court.
8. The decreetal amount may be released to the respondents/decree
holders subject to their furnishing adequate surety, to the satisfaction of the
learned Executing Court.
9. In view of the above, present revision petition is disposed of in
the above terms.
10. Pending miscellaneous applications, if any, stand disposed of
accordingly.
(RITU TAGORE)
JUDGE
April 24, 2024
Manpreet
Whether speaking/reasoned --:: Yes/No
Whether reportable : Yes/No
