M/S Mita India Pvt Ltd v. Harpreet Industries And Others

CR No. 4697 of 2026

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (128) CR No. 4697 of 2026 Date of Decision : 29.05.2026 M/s Mita India Pvt. Ltd.

...Petitioner

Versus

Harpreet Industries and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present:

Mr. Munish Gupta, Advocate for the petitioner. *** Amarinder Singh Grewal, J. (Oral) 1.

The present civil revision petition has been filed under Article 227 of the Constitution of India for issuance of appropriate directions to the learned Additional District Judge, Ludhiana to expeditiously decide the appeal bearing No. CA/452/2025 titled M/s Mita India Pvt. Ltd. vs. Harpreet Industries & Others, filed against the judgment and decree dated 28.02.2025, within a timebound manner. A further prayer has been made for issuance of directions to the learned Executing Court not to adopt any coercive measures against the petitioner in Execution Application No. EXE/423/2025 titled Harpreet Industries vs. M/s Mita India Pvt. Ltd. & Others. 2.

Briefly stated, respondent-Harpreet Industries filed a suit for recovery of Rs. 18,75,480/- against the present petitioner and others. Upon notice, the petitioners appeared and contested the suit by filing their written statement. From the pleadings of the parties, as many as 10 issues were framed by the learned trial Court. The parties thereafter led their respective evidence. Ultimately, the suit was decreed in favour of the respondents vide judgment and decree dated 28.02.2025.

KANCHAN 2026.05.29 15:56 I attest to the accuracy and integrity of this order/judgment

CR No. 4697 of 2026 3.

Aggrieved against the said judgment and decree, the petitioners preferred an appeal before the learned Additional District Judge, Ludhiana. In the meantime, the respondent-decree holder initiated execution proceedings by filing Execution Application No. 423 of 2025 before the learned trial Court. 4.

Learned counsel for the petitioner contends that the learned Executing Court is proceeding with the execution application despite the pendency of the appeal before the learned first Appellate Court. It is further contended that if the execution proceedings are allowed to continue, the very purpose of filing the appeal would be rendered futile. 5.

In view of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as the same would unnecessarily delay the proceedings and entail additional expenses.

6.

Keeping in view the facts and circumstances of the present case, without commenting anything upon the merits of the case, the present civil revision petition is disposed of with a direction to learned first Appellate Court to decide the pending appeal expeditiously, preferably within a period of six months from the date of receipt of a certified copy of this order. 7.

Till the disposal of the appeal by the learned first Appellate Court, further proceedings in Execution Application No. EXE/423/2025 pending before the learned trial Court shall remain stayed. May 29, 2026 (AMARINDER SINGH GREWAL) kanchan JUDGE Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2026.05.29 15:56 I attest to the accuracy and integrity of this order/judgment