Punjab-Haryana High Court
Akshat Jain vs M/S Spell Fashion Pvt. Ltd on 20 November, 2025
Author: Vikas Bahl
Bench: Vikas Bahl
CR No.1640 of 2023 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
214
Civil Revision No.1640 of 2023
Date of decision: November 20th, 2025
Akshat Jain
.....Petitioner
Versus
M/s Spell Fashion Pvt. Ltd.
.....Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Prateek Sodhi, Advocate
for the petitioner.
Mr. Vivek Salathia, Advocate
for the respondent.
VIKAS BAHL, J. (ORAL)
1. This is a revision petition under Article 227 of the
Constitution of India for setting aside the impugned order dated 27.02.2023
(Annexure P-13), whereby an application under Section 51 read with
Rule 37 Order 21 CPC filed by the respondent had been allowed by the
Executing Court.
2. Learned counsel for the respondent has submitted that in the
present case, vide judgment and decree dated 19.9.2015, the suit filed by the
respondent against the present petitioner was decreed and the respondent-
plaintiff was held entitled to recover an amount of ₹11,56,234/- from the
defendant along with 9% interest from the date of filing of the suit till the
date of recovery. It is submitted that in spite of the fact that the decree is of
the year 2015, yet the petitioner has not paid any amount.
3. Learned counsel for the petitioner has submitted that the
petitioner is in financial difficulty and would pay the amount but can pay the
same only in installments and also has prayed for substantial reduction on
the rate of interest.
4. Learned counsel for the respondent, in view of the prayer made
by the petitioner and after getting instructions, has submitted that in case the
petitioner pays the principal amount in a time bound manner, then the
respondent would reduce the rate of interest from 9% to 5% per annum. It is
further submitted that even the balance amount on account of interest at the
rate of 5% be paid in a time bound manner.
5. Learned counsel for the petitioner has submitted that the
petitioner would pay the principal amount of ₹11,56,234/- within a period of
three weeks from today and the balance amount on account of interest at the
rate of 5% per annum would be paid within a period of six weeks from
today. It is submitted that the Executing Court be requested to adjourn the
proceedings for a period of six weeks and the warrant of arrest issued against
the petitioner be not implemented for a period of said six weeks.
6. Keeping in view the abovesaid facts and circumstances and the
fair stand taken by learned counsel for the petitioner and the learned counsel
for the respondent, the present revision petition is disposed of with the
following observations/directions:
(i) The petitioner as undertaken before this Court would deposit an
amount of ₹11,56,234/- within a period of three weeks from
today before the Executing Court and on the deposit so made,
the Executing Court shall release the said money to the
respondent.
(ii) The petitioner would also deposit the amount on account of
interest at the rate of 5% per annum on the abovesaid amount
from the date of filing of the suit till the date of recovery within
a period of six weeks from today before the Executing Court
and on his depositing the said amount before the
Executing Court, the Executing Court will release the same to
the respondent.
(iii) The warrant of arrest issued against the petitioner would not be
executed for a period of six weeks. In case the amount is
deposited, then the impugned order would be considered to be
set aside and the respondent would withdraw the execution
proceedings. However, in case the petitioner does not deposit
the amount as detailed hereinabove, then the present revision
petition would be deemed to have been dismissed.
November 20th, 2025 (VIKAS BAHL)
Puneet JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
