Karam Singh vs Shree Ram Transport Finance Co. Ltd

Sandeep Sharma, J

Being aggrieved and dissatisfied with order dated 20.6.2023, passed by the learned District Judge, Mandi, in Execution Petition No. 108 of 2016, titled Shree Ram Transport Finance Company Limited v. Bihari Lal and Ors, whereby court below while ordering proclamation to be made on or before respondents No. 24.7.2023, has also ordered for the sale of the property of the petitioner-JD, petitioner has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid order and grant one opportunity to deposit the decreetal amount.

Having regard to the nature of the order proposed to be passed in the instant proceedings, this court sees no necessity to issue notice to the respondent because in the event of notice being issued, it would be unnecessarily compelled to engage lawyer to defend it in the case, which can be otherwise disposed of on the basis of material already available on record.

Having heard learned counsel for the petitioner and perused material available on record vis-à-vis reasoning assigned in the order impugned in the instant proceedings, this Court finds no illegality and infirmity in the same and as such, no interference is called for, however, having taking note of the undertaking given by the learned counsel for petitioner-JD that entire decreetal amount shall be positively paid by him within four weeks, this court deems it fit to grant one last opportunity of four weeks to the petitioner-JD to deposit the entire decreetal amount.

Consequently, in view of the above, present petition is allowed and order dated 20.6.2023, is ordered to be kept in abeyance for four weeks, enabling the petitioner-JD to pay the entire decreetal amount, failing which, order dated 20.6.2023, shall revive automatically and no more opportunity would be granted to the petitioner-JD to do the needful.

Till the expiry of four weeks granted by this Court, order dated 20.6.2023, shall not be given effect to.

In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.

The petitioner is permitted to produce copy of the order downloaded from the High Court Website and the court below shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.