High Court Punjab-Haryana High Court

Arvind Singla vs Sh. Ram Chet Tayal & Others on 10 November, 2009

Punjab-Haryana High Court
Arvind Singla vs Sh. Ram Chet Tayal & Others on 10 November, 2009
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