IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP No.2006 of 2009(O&M)
Date of decision: 10.11.2009
Arvind Singla ......Petitioner(s)
Versus
Sh. Ram Chet Tayal & others ......Respondent(s)
CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. D.C. Dhaula, Advocate for the petitioner.
Rakesh Kumar Garg, J.(Oral)
CM No.26355-CII of 2009
Application is allowed subject to all just exceptions.
COCP No.2006 of 2009
As per the averments made in this petition, civil suit filed by
the petitioner was decreed by this Court vide its judgment dated 20.4.2009
passed in RSA No.3864 of 2006 whereby it was held that the respondents
shall pay the arrears to the appellant within a period of two months and the
aforesaid judgment was upheld by the Hon’ble Supreme Court as Special
Leave to Appeal filed by the respondent-Management was dismissed.
The grievance of the petitioner before this Court is that more
than six months have passed but the respondents have not bothered to
comply with the judgment and decree passed by this Court in RSA
No.3864 of 2006 and thus, the respondents are guilty of committing the
contempt of this Court.
I have heard learned counsel for the petitioner.
Admittedly, the petitioner has already filed execution petition in
the Executing Court for executing the aforesaid judgment and decree of
this Court passed in RSA No.3864 of 2006 and the said execution petition
COCP No.2006 of 2009(O&M) -2-
is pending for 24.11.2009.
In view of the facts that the judgment Annexure P-1 passed by
this Court is executable and that the petitioner has already filed the
execution petition, which is still pending, I am not inclined to take
cognizance of this petition.
Dismissed.
However, the petitioner is at liberty to pursue the execution
petition.
November 10, 2009 (RAKESH KUMAR GARG) ps JUDGE