IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3901 of 2010
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Gautam Kumar Petitioner
Versus
Tripathy Prasad Gupta & another Respondents
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CORAM: The Hon'ble Mr. Justice R.K. Merathia
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For the Petitioner: Mr. Sunil Kr. Sinha & Mr. S,Piperwall, Advocates
For the Respondents:Mr. R. Gupta, Advocate
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2.14.12.2010
Mr. Sunil Kumar Sinha, learned counsel appearing for the
petitioner, submitted that though, a petition for setting aside the ex-
parte order was pending, distress warrant has been issued for
realization of amount as per the ex-parte order.
2. On the other hand, Mr. Rahul Gupta, learned counsel
appearing for the respondents 1 and 2 (father and mother of the
petitioner), submitted that in spite of valid service of notice, petitioner
did not choose to appear and therefore, ex-parte order has been
passed. He further submitted that respondents filed Misc. Case No. 81
of 2009 for execution of ex-parte order in which petitioner appeared
and was directed to pay at least 50% of the awarded amount and as
he failed to comply with the said order, distress warrant has rightly
been issued. He further submitted that a petition for recall of the
distress warrant is also pending before the learned court below.
3. In the facts and circumstances of the case, in my opinion,
it will be better if the petition for setting aside the ex-parte order is
heard and disposed of expeditiously. Parties are directed to appear
before the Principal Judge, Family Court, Ranchi on 4th January 2011
and cooperate for early disposal of the proceedings, failing which the
Family Court will pass ex-parte order against the non-cooperating
party. The Family Court will dispose of the petition filed on behalf of
the petitioner for setting aside the ex-parte order as early as possibly
and preferably within four weeks from the date of appearance of the
parties.
Till a fresh order is passed, distress warrant issued against the
petitioner shall be kept in abeyance.
With these observations and directions, this writ petition is
disposed of.
(R.K. Merathia, J)
Ranjeet/