IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R. No. 1175 of 2009 (O&M)
Date of Decision: 3.3.2009
Amandeep Singh ....Petitioner
Versus
M/s Rajesh Kumar Ashok Kumar and another
...Respondents
CORAM : Hon’ble Mr. Justice Rajesh Bindal
Present:- Mr. Sanjiv Gupta, Advocate
for the petitioner.
RAJESH BINDAL J
After arguing the case at some length learned counsel for the
petitioner restricted his prayer to the grant of further time for furnishing the bank
guarantee as was directed to be furnished by the learned Court below vide order
dated December 19, 2008.
As the prayer made is innocuous, I do not deem it proper to issue
notice to respondents as the same would unnecessarily delay the proceedings.
Decree for Rs. 1,59,316/- was passed against the petitioner on June 14, 2008
along with interest. On October 25, 2008, the petitioner filed application for
setting aside the ex-parte decree. Execution filed by the respondent
No.1/decree-holder was also pending. In an application for stay of execution
during the pendency of the application for setting aside of ex-parte decree vide
order dated December 19, 2008, learned Court below directed the petitioner to
furnish bank guarantee of Rs. 1,50,000/-. The same having not furnished before
the next date i.e. January 31, 2009, the Court directed for separation of the
execution proceedings and ordered the issuance of warrants of attachment.
Learned counsel for the petitioner submitted that he could not
arrange for the bank guarantee before the date granted by learned Court below
and he undertakes to furnish the same on or before March 31, 2009. As the
order passed by the learned Court below on December 19, 2008, is sought to be
complied with by the petitioner with extension of time, I deem it appropriate to
grant that time to the petitioner as his application for setting aside of ex-parte
decree is pending. Accordingly, the petitioner may now furnish the bank
guarantee on or before March 31, 2009. On his doing so, the proceedings in the
execution shall remain stayed. However, in case of failure the Court shall
proceed in terms of the order already passed on January 31, 2009.
The revision petition is disposed of.
(RAJESH BINDAL)
3.3.2009 JUDGE
Reema