High Court Punjab-Haryana High Court

Mehar Singh And Sons vs Union Of India (Uoi) on 13 May, 1999

Punjab-Haryana High Court
Mehar Singh And Sons vs Union Of India (Uoi) on 13 May, 1999
Equivalent citations: (1999) 123 PLR 330
Author: T Chalapathi
Bench: T Chalapathi


ORDER

T.H.B. Chalapathi, J.

1. This revision petition is filed against the order of Civil Judge (Senior Division), Amritsar, dated 16.3.1999. The decree holder got an award of Arbitrator made rule the Court and confirmed by the Single Judge of this Court. When the Decree Holder filed an execution application, judgment debtors deposited a sum of Rs.19,85,952/-. To withdraw the said amount decree holder filed an application. On the application, Civil Judge (Senior Division) passed order dated 21.2.1999 directing that the said amount be released to the decree holder subject to decree holder furnishing an undertaking to refund the same. By the impugned order the executing Court directed the decree holder to furnish bank guarantee for the said amount. There is no provision in the Code of Civil Procedure empowering the executing Court to direct Decree Holder to furnish bank guarantee while withdrawing the amount deposited by the judgment debtors. Earlier order of the executing court dated 21.2.1999 directing the decree holder to file undertaking to refund the amount has become final. According to decree holder, he has furnished his undertaking to refund the amount. Nothing more is required. Therefore, I set aside the order dated 16.3.1999 to the extent of directing the decree holder to furnish bank guarantee. The order dated 16.3.1999 is accordingly modified deleting the words “on furnishing bank guarantee mentioned supra on 1.4.1999.”