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Haryana Vidyut Prasan Nigam Ltd and othe v. Kidar Nath Sharma - CR-2026-2006 [2006] RD-P&H 2476 (21 April 2006)

Civil Revision No.2026 of 2006 1


Civil Revision No.2026 of 2006

Date of decision: April 6,2006

Haryana Vidyut Prasan Nigam Ltd and others V. Kidar Nath Sharma CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
Present: Shri Girish Agnihotri,Advocate, for the petitioners.

Viney Mittal,J.(Oral)

Judgment debtors-Haryana Vidyut Prasan Nigam Limited and others are the petitioners before this court. They are aggrieved against the order dated March 21,2006 passed by the learned executing Court.

The order of the executing Court shows that a decree had been passed in favour of the plaintiff-decree holder and under the decree he was required to deposit the amount of EPF within three months of the dat of the decree. On deposit of the aforesaid amount by the plaintiff-decree holder, the defendants were to release the pensionary benefits to the decree holder within a further period of two months. However, it is clear from the order of the executing court that the plaintiff decree holder had deposited the amount of EPF only on March 8,2006. In these circumstances, the order attaching the property of the petitioners passed by the executing court is contrary to the judgment and decree dated November 26,2004.

Consequently, the present revision petition is allowed. Order dated March 21,2006 passed by the executing court is set aside. Shri Girish Agnihotri, learned counsel appearing for the judgment debtor-petitioners has undertaken that the judgment debtors shall deposit the entire due amount for payment to the decree holder on or before May 31,2006. On the payment of the aforesaid amount by the judgment debtor, the said amount shall be paid to the decree holder in accordance with the judgment and Civil Revision No.2026 of 2006 2

decree dated November 26,2004.

It is also made clear that in case the deposit of the decretal amount is not made by the petitioners before the executing court on or before May 31,2006, then the present revision petition shall be deemed to have been dismissed and in that situation the warrants for attachment issued by the executing court vide order dated March 21,2006 shall become operative all over again.

A copy of this order be given dasti under the attestation of Court Secretary of the Bench.

April 6,2006 (Viney Mittal)

sks Judge


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