Gurjit Kaur And ANR v. Asha Rani

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-4458-2024 (O&M) Date of Decision : 10.09.2024 Gurjit Kaur & Anr.

... Petitioner(s)

Versus

Asha Rani ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Gurcharan Dass, Advocate for the petitioners.

Mr. M.S. Sachdev, Advocate for the respondent (through hybrid mode).

ALKA SARIN, J. (Oral) 1.

Challenge in the present revision petition filed under Article 227 of the Constitution of India against the order dated 17.05.2024 is to the extent whereby the petitioners have been directed to furnish security in the shape of a bank guarantee or indemnity bond to the tune of Rs.22,00,000/-.

2. Learned counsel for the petitioners would contend that the said condition is onerous and that the petitioners are willing to furnish security/surety to the extent of the decretal amount as directed by the Executing Court concerned.

3.

Mr. M.S. Sachdev, Advocate has put in appearance on behalf of the respondent and has contended that the decretal amount alongwith interest would be about Rs.27,00,000/- as of today. It is further the contention of the learned counsel that the Executing Court has already directed the JD-petitioners herein to furnish security in the shape of a bank guarantee or Yogesh Sharma 2024.09.11 15:44 I attest to the accuracy and integrity of this order/judgment.

High Court Chandigarh

CR-4458-2024 (O&M) -2indemnity bond and that the petitioners are always at liberty to furnish either of them.

4.

I have heard learned counsel for the parties.

5. In the present case the condition of furnishing security/surety in the shape of a bank guarantee or indemnity bond is excessive and onerous. The purpose of calling upon the judgment-debtor to furnish security/surety is to protect the decretal amount and the interest of the decreeholder. Since the learned counsel for the respondent has pointed out that the decretal amount alongwith interest would be Rs.27,00,000/- as it stands today, this Court deems it fit to modify the impugned order to the extent that the petitioners would be permitted to furnish security to the extent of Rs.27,00,000/- in the shape of immovable property to the satisfaction of the Executing Court within a period of 30 days from today. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

10.09.2024 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.09.11 15:44 I attest to the accuracy and integrity of this order/judgment.

High Court Chandigarh