Punjab-Haryana High Court
Baghera Singh vs Charanjit Kaur on 1 July, 2024
Author: Archana Puri
Bench: Archana Puri
Neutral Citation No:=2024:PHHC:080874
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CR-1797-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.207
CR-1797-2023
Date of Decision: 01.07.2024
BAGHERA SINGH
....Petitioner
Versus
CHARANJIT KAUR
.....Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Harshit Jain, Advocate,
for the petitioner.
Mr. Sparsh Chhibber, Advocate, for
Mr. Ashok Bhardwaj, Advocate,
for the respondent.
*****
ARCHANA PURI, J. (Oral)
Challenge in the present revision petition is to the order
dated 06.03.2023 passed by learned Executing Court, whereby the
application for recall of conditional warrant of the petitioner, was
dismissed.
Learned counsel for the parties heard.
In the execution, filed at the behest of the respondent-wife,
for seeking arrears of maintenance, to the extent of Rs.1,10,000/-, vide
impugned order dated 06.03.2023, conditional warrants of the
petitioner was ordered.
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However, now it is submitted by learned counsel for the
petitioner that the arrears of maintenance to the extent of Rs.1,15,000/-
i.e. beyond the amount of Rs.1,10,000/-, qua which the execution was
filed, has already been paid. In fact, learned counsel for the petitioner
has made reference to the order dated 28.02.2023 and order dated
27.01.2023, which are Annexures P-5 and P-4, respectively, wherein, it
is reflected about the payment to the extent of Rs.20,000/- and
Rs.28,000/-, having been made by the petitioner.
Thus, from the aforesaid, it is evident that an amount of
Rs.48,000/- was paid. Besides the aforesaid amounts, learned counsel
for the petitioner has also made reference to the reply filed for
restoration of the execution application dated 16.08.2021, copy whereof
is Annexure P-2. On the basis of the contents of paragraph No.2 of the
said reply, it is submitted that by virtue of installment of Rs.7,000/-
each, various amounts have been deposited in the account of Decree
Holder bearing No.65259014845, on 08.04.2019, 19.05.2019,
19.07.2019, 02.09.2019, 04.11.2019 and 23.01.2020. Besides the
aforesaid, it is also submitted that an amount of Rs.25,000/- was paid
on 10.05.2016, before the Executing Court.
Further, it is submitted by learned counsel for the petitioner
that despite the aforesaid amounts having been paid, the Executing
Court, vide the impugned order, has made an observation about the
petitioner/Judgment Debtor, to be playing hide and seek with the Court
and wants to delay the matter. In fact, it is submitted that an amount of
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CR-1797-2023
Rs.1,15,000/- has already been deposited. Thus, the execution stands
satisfied.
However, on query by the Court, learned counsel for the
respondent submits that an amount of Rs.87,000/- has been received by
the respondent.
Probably, there is some omission/misinterpretation with
regard to total amounts having so been deposited. In the given
circumstances, it is required on the part of the Executing Court to make
recalculation, while taking into consideration the amounts deposited by
the petitioner, in the account of the respondent, as mentioned in
paragraph No.2 of the reply, copy whereof is Annexure P-2, besides the
amounts, as reflected in the orders passed by learned Executing Court.
In the light of the aforesaid, the revision petition, is hereby
accepted and the impugned order dated 06.03.2023, is set aside.
Anyhow, the parties are directed to make appearance before learned
Executing Court on 11.07.2024. On that date, the parties shall give the
details of the entire deposits, so made and the statement of account of
the respondent-decree holder, to the Executing Court, for the purposes
of recalculation of the outstanding amount (if any). In any case, on the
basis of the concrete material coming forth, with regard to deposit of
various amounts, as observed by the Court and as evident from the
entries made in the statement of account, learned Executing Court shall
verify, if there is any outstanding amount qua the execution, so filed
and if it is so, the same shall be required to be deposited/paid to the
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respondent, within a period of ten days thereafter i.e. up to 21.07.2024.
In the eventuality of non-payment of the outstanding arrears (if any), on
the subsequent date, the Court concerned shall pass any order, in
accordance with law, to seek the recovery.
Accordingly, the revision petition stands disposed of.
(ARCHANA PURI)
01.07.2024 JUDGE
Himanshu
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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