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High Court of Punjab and HaryanaCR/6987/2019disposed of

Gurjot Singh v. Kedar Nath Chauhdary And Another

2022-09-01Mr. Justice Anil Kshetarpal2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 6987 of 2019 (O&M) Date of Decision: 01.09.2022 Gurjot Singh ... Petitioner(s)

Versus

Kedar Nath Chaudhary and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Ms. Promila Nain, Advocate for the petitioner(s).

None for the respondents.

Anil Kshetarpal, J.

1.

Case called twice.

2.

The learned counsel representing the respondents did not come present.

3.

This revision petition challenges the orders dated 10.10.2019 and 22.10.2019 passed by the Executing Court while issuing the warrants of arrest of the petitioner. There is a decree for recovery of amount against the petitioner. His first appeal is pending before the First Appellate Court. The petitioner has already deposited an amount of ₹ 8,00,000/- vide challan dated 13.02.2019 and 11.03.2019.

4.

Keeping in view the aforesaid facts, the present revision petition is allowed and the order, under challenge, is set aside. The DEEPAK KUMAR BHARDWAJ 2022.09.06 11:02 I attest to the accuracy and integrity of this document Executing Court is directed to re-decide the question "As to whether the

Civil Revision No. 6987 of 2019 (O&M) judgment debtor is required to be sent to civil imprisonment, particularly when his appeal is pending?".

5.

With the observations made above, the present revision petition is disposed of. The miscellaneous application(s) pending, if any, shall also stand disposed of.

(Anil Kshetarpal) Judge September 01, 2022 "DK"

6.

Before the order could be signed, the learned counsel representing the petitioner submits that the parties have settled their dispute before the First Appellate Court.

7.

Consequently, the present revision petition is rendered infructuous and the same is disposed of as such. (Anil Kshetarpal) Judge September 01, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.09.06 11:02 I attest to the accuracy and integrity of this document