Rupinder Kuamr Bansal v. M/S Hans Raj Som Nath

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2604-2024 (O&M) Date of Decision : 24.05.2024 RUPINDER KUAMR BANSAL .... Petitioner

VERSUS

M/s HANS RAJ SOM NATH .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Jatin Bansal, Advocate for the petitioner. Mr. Navjot Singh, Advocate for the respondent. ALKA SARIN, J. (ORAL) 1.

Mr. Navjot Singh, Advocate has appeared and has filed his vakalatnama on behalf of the respondent. The same is taken on record. 2.

Challenge in the present petition filed under Article 227 of the Constitution of India is to the order dated 21.03.2024 (Annexure P-10) passed by the learned Additional Civil Judge (Senior Division), Sangrur vide which conditional warrants of arrest against the petitioner have been issued without issuance of a show cause notice under Order XXI Rule 37(1) of the Code of Civil Procedure, 1908.

3.

Learned counsel for the petitioner would contend that no show cause notice has been issued to the petitioner in compliance of the provisions of Order XXI Rule 37(1) CPC and straightway conditional warrants of arrest have been issued.

AMAN JAIN 2024.05.26 21:12 I attest to the accuracy and integrity of this judgment/order.

CR-2604-2024 (O&M) -24.

Learned counsel for the respondent states that there can be no quarrel with the proposition of law. He, hence, states that the matter may be remanded back to be decided afresh in accordance with law. 5.

Heard.

6.

In view of the above, the present revision petition is allowed and the impugned order dated 21.03.2024 (Annexure P-10) is set aside. The matter is remanded back to the Executing Court concerned for deciding afresh in accordance with law. Pending applications, if any, also stand disposed off.

24.05.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2024.05.26 21:12 I attest to the accuracy and integrity of this judgment/order.