High Court of Punjab and HaryanaCR/4932/2023disposed of

Punjab Agri Ventures Ltd. v. More Retail Pvt. Ltd.

2023-08-28Mr. Justice Gurvinder Singh Gill2 pages

2023:PHHC:112201 In the High Court for the States of Punjab and Haryana At Chandigarh CR-4932-2023 (O&M) Date of Decision:-28.08.2023 Punjab Agri Ventures Ltd.

... Petitioner

Versus

More Retail Pvt. Ltd.

. . . Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Dinesh Kumar Gupta, Advocate, for the petitioner. ***** GURVINDER SINGH GILL, J.(Oral)

1. The petitioner assails orders dated 5.7.2023 (Annexure P-4) and 01.08.2023 (Annexure P-5) both passed by learned Additional District Judge, Fatehgarh Sahib, vide which the executing Court has proceeded against the petitioner ex parte and has ordered for attachment of the property of the petitioner-JD. Order dated 01.08.2023 (Annexure P-5) reads as under: "Warrants of attachment received back duly executed, therefore, let notice be issued to the Manager of the concerned bank to deduct the amount of Rs.54,71,000/- and deposit the same in the Court as per law on or before 29.08.2023."

2. The aforesaid orders have been passed pursuant to Award dated 06.08.2018. The sole contention raised before this Court is that while the Award was passed in favour of M/s Aditya Birla Retail Limited, the execution has been filed by More Retail Pvt. Ltd. simply by mentioning that it was formerly MOHAN SINGH 2023.08.28 19:10 I attest to the accuracy and authenticity of this order/judgment

CR-4932-2023 (O&M) ( 2 ) 2023:PHHC:112201 known as Aditya Birla Retail Limited without there being any evidence to this effect.

3. Learned counsel submits that the Award in hand would only be executed against M/s Aditya Birla Retail Limited and not against anybody else.

4. Since, it appears that the Decree Holder company in question has either changed hands or has changed its name, the instant petition is disposed of with a direction to the executing Court to satisfy itself as regards the identity of the Decree Holder before the amount in question is disbursed. 28.08.2023 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.08.28 19:10 I attest to the accuracy and authenticity of this order/judgment