Ishwar Chand v. Girdhari Lal

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CR No. 1422 of 2019 (O & M) Date of decision : 23.11.2022 Ishwar Chand ......Petitioner Vs.

Girdhari Lal ......Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Anish Jain, Advocate, for the petitioner Mr. Kapish Singla, Advocate, for Mr. Sagar Aggarwal, Advocate, for the respondent --- TRIBHUVAN DAHIYA , J. (Oral) This revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 14.2.2019 (Annexure P-1) and order dated 18.2.2019 (Annexure P-2) passed by the executing Court. A perusal of the order dated 1.3.2019 passed by this Court shows that interim order to stay execution proceedings was granted on the petitioner/ judgment debtor undertaking to pay total amount of Rs.1,75,000/- to the decree-holder/respondent Girdhari Lal. The petitioner further undertook to pay Rs.50,000/- within ten days of the order and remaining Rs.1,25,000/- in twelve monthly installments.

Learned counsel for the respondent states that the total amount of Rs.1,75,000/-has not been paid by the petitioner/judgment debtor, even as on date, despite the undertaking given.

Learned counsel for the petitioner, on the other hand, states that an amount of Rs.1,45,000/-has been paid and only Rs.30,000/-is remaining. He further states that despite best efforts made, he is not able to contact his client and has no further instructions in this regard. ASHWANI KUMAR 2022.11.30 10:11 I attest to the accuracy and integrity of this document

CR No. 1422 of 2019 (O & M) -2It is, therefore, apparent that the order dated 1.3.2019 has not been complied with and the undertaking given to the Court by the petitioner/ judgment debtor has been violated.

In view thereof, this petition is dismissed.

(TRIBHUVAN DAHIYA) JUDGE 23.11.2022 Aw Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No ASHWANI KUMAR 2022.11.30 10:11 I attest to the accuracy and integrity of this document