VINCENT OSWALD D SOUZA Vs. GRACIAN LAWRENCE PEREIRA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) Sri. P.P. Hegde, learned Senior counsel for the petitioner would submit that the impugned order dtd. 2/4/2016 and the order of re-issuance of arrest warrant dtd. 26/4/2016 and 31/5/2016, as also the order dtd. 18/6/2016 permitting the Court Amin to break open the lock with the police help have been challenged in this petition.

(3.) Sri. P.P. Hegde, learned Senior counsel for the petitioner would submit that when the first order dtd. 2/4/2016 was passed, as also subsequent orders had been passed by the trial Court, the requirement of Sec. 51 of CPC and Order 21 Rule 37 of the I Schedule of the CPC having not been followed by the trial Court, inasmuch as there is no notice which has been issued by the trial Court calling upon the petitioner to show cause why he should not be committed to civil prison, without such show cause notice having been issued, an arrest warrant could not have been issued. He further submits that the orders are contrary to the decision of the Hon'ble Apex Court in Jolly George Verghese vs. Bank of Cochin [(1980)2 SCC 360].