WPMS/2069/2022
2022 Latest Caselaw 2749 UK

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                                  WPMS No.2069 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Neeraj Garg, Mr. Pankaj Kumar and Mr. Yashpal Singh, Advocates for the petitioner.

Mr. S.K. Jain, Senior Advocate, assisted by Mr. Siddhartha Jain, Advocate has put in appearance on behalf of respondent no. 1.

Heard learned counsel for the parties. Petitioner was a defendant in a money recovery suit filed by respondent no. 1, which was decreed by learned trial Court vide order judgment dated 20.08.2001. The decree passed by learned trial Court has attained finality. Decree holder has put the decree into execution. Petitioner filed objection under Section 47 C.P.C. before the Executing Court, which was rejected on 18.04.2022. Against the order passed by Executing Court, petitioner has filed a Revision under Section 115 C.P.C., which is pending before 7th Additional District Judge, Dehradun, in which next date fixed is 08.09.2022.

By means of this writ petition, petitioner has sought the following reliefs:

"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17-05-2022 passed by learned District Judge, Dehradun in Civil Revision No. 40 of 2022, Odisha State Financial Corporation Vs. Vigyan Chemical Industries, to the extent of refusing to pass appropriate order on stay application paper no. 4C of petitioner (Annexuer No. 1 to this writ petition).

b) Issue a writ, order or direction directing that execution proceedings being Execution Case No. 107 of 2018, Vigan Chemicals Vs. Manorma Chemicals & others pending before the court of Learned 6th Additional Civil Judge (Sr. Div.), Dehradun be stayed till disposal of stay application paper no.4C of petitioner by learned 7th Additional District Judge, Dehradun in Civil Revision No. 40 of 2022, Odisha State Financial Corporation Vs. Vigyan Chemical Industries.

c) Issue a writ, order or direction directing Court of learned 7th Additional District Judge, Dehradun, to make an endeavour to decide in accordance with law the stay application paper no. 4C of petitioner in Civil Revision No. 40 of 2022, Odisha State Financial Corporation Vs. Vigyan Chemical Industries, at the earliest, within stipulated time which this Hon'ble Court deem fit and proper, without granting unnecessary adjournment to either of the parties."

Grievance of the petitioner is that, in the absence of any interim relief granted by the Revisional Court, Executing Court is pressing for execution of the decree and an order has been passed on 05.08.2022, asking the banker of the petitioner to deposit a sum of ` 4,74,54,276/- on or before 30.08.2022, failing which coercive action shall be taken against the banker. Thus, learned counsel for the petitioner submits that petitioner and his banker be granted protection against coercive action taken in terms of the order passed by Executing Court.

Since learned 7th Additional District Judge, Dehradun is seised of the matter in a Revision filed by petitioner, this Court is not inclined to grant any protection, as prayed for in the writ petition.

However, having regard to the facts & circumstances of the case, writ petition is disposed of with a request to the Revisional Court to consider petitioner's interim relief application on 02.09.2022 and pass order as per law, one way or the other, on the said day.

Petitioner shall be at liberty to submit copy of this order before the Executing Court, during the course of the day.

Let a certified copy of this order be issued today itself.

(Manoj Kumar Tiwari, J.) 30.08.2022 Arpan