Ashish vs Deepak Singh

Vivek Jain, J

By way of present petition, the petitioner has approached this Court challenging the order passed by the Executing Court dated 12.09.2025 whereby the Executing Court refused to grant facility of installment of Rs.5000/- per month to the petitioner-judgment debtor.

The petitioner-judgment debtor is facing a decree of recovery of money dated 26.09.2016 wherein the trial Court had granted a decree of recovery of an amount of Rs.1.00 lakh along with interest to the tune of Rs.33,000/- upto 31. 12.2015 and @12% per annum from 02.01.2016 till actual realization of the principal amount. In this manner, the execution application has been filed for recovery of an amount of Rs.2,32,610/- along with interest.

The counsel for the petitioner submits that the petitioner cannot muster up these much funds in a single go and therefore the Executing court should have granted some facility to the present petitioner for which the Executing Court was approached under section 151 CPC. The petitioner expresses willingness to deposit the principal amount of Rs.1.00 lakh within 15 days from today and prays for some reasonable breathing time to deposit the rest of the amount.

Therefore, the petitioner is granted 15 days' time from today to deposit amount of Rs. 1.00 lakh. It is directed that upon the petitioner depositing the principal amount of Rs.1.00 lakh within 15 days from today, the recovery of rest of the amount shall remain in abeyance for a period of 90 days from deposit of such amount so as to arrange further funds and if the petitioner fails to deposit rest of the amount after 90 days, then, after a period of 90 days, the execution proceedings shall continue for recovery of rest of the amount and the arrest warrant issued by the Executing Court shall become executable. The petition stands disposed off.