Punjab-Haryana High Court
Saroj Rani vs Gurdev Singh on 4 November, 2024
Neutral Citation No:=2024:PHHC:142845
CR-6066-2024
2024
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(119)
CR-6066-2024
2024
Date of Decision:- 04.11.2024
2024
Saroj Rani
......Petitioner
Versus
Gurdev Singh
......Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
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Present: Mr. Sandeep Jain, Advocate with
Mr. Sachin Jain, Advocate for the petitioner.
****
ALOK JAIN,
JAIN J. (Oral)
The present petition has been filed for setting aside the order
dated 16.12.2023, whereby, the objections filed by the present petitioner/
judgment debtor have been dismissed.
2. Learned counsel for the petitioner has vehemently argued that
the impugned order has been passed on the basis of surmises and
conjectures by taking the address from the passport and the Bank account
statement of the petitioner which records the address of the petitioner at
Village Thana, District Hoshiarpur which is
is, in fact, the ancestral house of
the present petitioner.
petition He further submits that the house attached in the
execution proceedings is
i the only residential house of the petitioner and
hence, the provisions of Section 60 (CCC) of CPC will come into play and
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CR-6066-2024
the same has to be exempted.
exempted
3. Heard learned counsel for the petitioner at length. Admittedly
the petitioner
itioner is living in Italy and has no concern with the property so
attached in execution and it is not the case that the property attached is the
sole and the only residential house, where she is residing. The petitioner is a
judgment debtor and has to discharge
dis a liability of more than Rs. 30 lacs
along with simple interest @ 9% per annum on the principal amount from
the date of issuance of cheque till the date of the judgment and further
future interest @ 6% per annum on the principal amount from the date of
the judgment till realization of amount by virtue of judgment and decree
dated 23.10.2017. The total amount must have accrued exorbitantly by now
as 13 years have already been passed and there is not even a single effort by
the petitioner to discharge her liability as she is residing in Italy which
demonstrates that the objections have been filed only to procrastinate the
entire proceedings.
4. In light of the above, this Court does not find any merit in the
present petition and the same is dismissed with a direction to the Executing
Court to proceed expeditiously in accordance with law and if required
required,,
approach the Ministry of External Affairs also
also, to seek the presence of the
petitioner from Italy and proceed against the pe
petitioner, in case, the decree
is not fully satisfied within three months from today.
5. The pendency in the Courts cannot be a ground to enrich a
person who is liable to discharge his liability and cannot be permitted to
raise frivolous grounds. It is not
not even a pleaded case of the petitioner that
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CR-6066-2024
the address mentioned in her passport and in the Bank Account statement
was ever sought to be changed and there is no proof brought forth to
demonstrate that the petitioner has only one residential house. The sa
said
id
provision was brought in by an amendment to protect a roof to the citizen
of this country and not to misuse it by living in a foreign land earning there
and put the interest of the other party to peril
peril, the
he application apparently
seems to be mala fide also.
6. At this stage, learned counsel for the petitioner prays for
withdrawal of the present petition and submits that the directions would be
detrimental to the interest of the petitioner and he be permitted to withdraw
the present petition.
petition
7. In light of the above, the present petition stands dismissed as
withdrawn, however, the directions
direction issued to the Executing Court shall
remain intact.
intact
(ALOK JAIN)
JUDGE
04.11.2024
Parul
Whether speaking/reasoned:
speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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