M/S Avinash Marketing Company And ... vs Paras Spices Private Limited And ...
2025 Latest Caselaw 3366 P&H

Punjab-Haryana High Court

M/S Avinash Marketing Company And ... vs Paras Spices Private Limited And ... on 18 March, 2025

Author: Vikas Bahl

Bench: Vikas Bahl

                               Neutral Citation No:=2025:PHHC:036380




CR-1180-2025                           1

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

                                              CR-1180-2025
                                              Date of decision : 18.03.2025

M/s.Avinash Marketing Company and another

                                                    ... Petitioners

                  Versus

Paras Spices Private Limited and another

                                                    ... Respondents

CORAM:      HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr.Lakhwinder S. Sidhu, Advocate
            for the petitioners.

            Mr.Nitin Thatai, Advocate
            for respondent no.1.

VIKAS BAHL, J.(ORAL)

1. This is a Civil Revision Petition filed under Article 227 of the

Constitution of India with a prayer that the order dated 07.02.2025 passed

by the Civil Judge (Jr.Div.), Moga vide which the application filed by the

petitioners-defendants-JDs under Order 21 Rule 26 CPC read with Section

151 CPC has been dismissed, be set aside.

2. On 27.02.2025, this Court was pleased to pass the following

order:-

"Present:- Mr. Lakhwinder S. Sidhu, Advocate for the petitioners.

*** Inter alia, contends that to show their bona fide,

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Neutral Citation No:=2025:PHHC:036380

the petitioners are ready to make a demand draft of Rs.5,20,000/-, which is the principal amount which has been decreed vide judgment dated 14.07.2022, in the name of respondent No.1 and also has no objection in case the said payment is credited to respondent No.1 but the same be done after taking adequate security from respondent No.1 and be returned to the petitioners in case the application under Order 9 Rule 13 CPC filed by the petitioners is allowed and the suit filed by the plaintiff is dismissed.

Notice of motion for 18.03.2025.

Notice re: stay as well.

Liberty is granted to the petitioners to serve the respondents through dasti process as well as through the counsel appearing for them before the Executing Court.

Petitioners are directed to bring a demand draft of Rs.5,20,000/- prepared in the name of respondent No.1 on the next date of hearing.

It is made clear that in case the said demand draft prepared in the name of respondent No.1 is not produced by the petitioners on the next date of hearing, then, the present revision petition would be liable to be dismissed.

To be taken up in the urgent list.

February 27, 2025"

3. Learned counsel for the petitioners has submitted that in

pursuance of the said order, he has brought a demand draft of Rs.5,20,000/-,

which has been handed over to learned counsel for respondent no.1-plaintiff

which fact has been re-affirmed by the learned counsel for respondent no.1-

plaintiff.

4. During the course of arguments, a consensus has been arrived

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between the learned counsel for the petitioners and the learned counsel for

respondent no.1, on instructions from their respective clients and the present

petition is disposed of with the following observations/directions:-

i) The abovesaid draft in favour of the respondent no.1-

plaintiff would be credited in favour of the respondent no.1 and

the respondent no.1 would give adequate security with respect

to the same before the Executing Court within a period of two

weeks from today.

ii) In case the application filed by the petitioners under

Order 9 Rule 13 CPC is allowed and the suit filed by the

plaintiff is dismissed, then in that situation, the respondent no.1

would return the said amount to the petitioners.

iii) In case the application under Order 9 Rule 13 CPC is

dismissed or even after the application under Order 9 Rule 13

CPC having been allowed, the suit is decreed and the decretal

amount is more than the amount of Rs.5,20,000/-, then the said

amount would be retained by the respondent no.1 and would

not be returned to the petitioners and it would be open to the

respondent no.1 to file a fresh execution with respect to the

balance amount, if any.

iv) The order dated 07.02.2025 issuing the warrants of

attachment in view of the abovesaid facts is set aside.

5. It is made clear that this Court has not opined on the merits of

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Neutral Citation No:=2025:PHHC:036380

the application under Order 9 Rule 13 CPC or the main suit and the said

proceedings would be decided independently in accordance with law after

hearing all the parties concerned.

(VIKAS BAHL) JUDGE

March 18, 2025.

Davinder Kumar

                 Whether speaking / reasoned                         Yes/No
                 Whether reportable                                  Yes/No




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