Moti Lal Yadav v. M/S Indusind Bank Ltd And ANR

C.R. No.5139 of 2018 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5139 of 2018 Date of Decision.30.08.2018 Moti Lal Yadav ......Petitioner Vs M/s Indusland Bank Limited and another

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Rohit Mittal, Advocate for the petitioner.

-.- AMIT RAWAL J. (ORAL) The petitioner-judgment debtor is aggrieved of the impugned order whereby an application submitted under Order 13 Rule 10 CPC in the execution petition has been dismissed. The respondent-plaintiff had filed execution petition for execution of the arbitral award. In those proceedings, the petitionerjudgment debtor moved an application directing the decree holder to produce original loan agreement, award file and other details regarding loan.

In my view, the application was totally mala fide, devoid of merit, much less, atrocious. Such provisions of law do not apply to the execution proceedings. The award was based on documentary evidence and the matter, which has attained finality, cannot be reappreciated in execution petition. I do not find any illegality in the order under challenge and the same cannot be said to be passed without jurisdiction. No PANKAJ KUMAR 2018.09.05 10:31 I attest to the accuracy and integrity of this document

C.R. No.5139 of 2018 -2ground for interference is made out. The revision petition is dismissed.

(AMIT RAWAL) JUDGE August 30, 2018 Pankaj* Whether Speaking/Reasoned Yes Whether Reportable No PANKAJ KUMAR 2018.09.05 10:31 I attest to the accuracy and integrity of this document