NICHIMEN CORPORATION Vs. ATLANTIC ENGINEERING SERVICES

JUDGEMENT

(1.) These are two objection petitions preferred by Mr. Mr.D.J.S.Sandhu and Premier Engineering Services under Order 21 Rule 58 of the Code of Civil Procedure, against the execution of the decree which was passed against defendant No. 1 vide judgment and order dated October 11,1990passedby Hon'ble Mr. Justice P.K.Bahri.

(2.) It has been urged for and on behalf of Premier Engineering Services by Mr. J.R.Midha, who appeared for and on behalf of the objector, that the judgment and decree in the instant case was passed against defendant No. 1 i.e.M/s. Atlantic Engineering Services. The objector herein are altogether a different entity and have got absolutely nothing to do with M/s. Atlantic Engineering Services. The objector are a separate firm and hence, in no way connected with M/s. Atlantic Engineering Services. Thus, the decree passed against the abovesaid firm cannot be executed against the present objector. According to the learned Counsel, Mr. Midha, the execution petition is thus liable to be dismissed.

(3.) Learned Counsel for judgment debtor No. 3/objector. Mr. Raina, on the other hand, has contended that the decree in the instant case was passed against defendant No. 1 and it is being sought to be executed against the applicant i.e. the objector Mr. Mr.D.J.S.Sandhu as he had been a partner of the defendant No. 1 firm. No decree was passed against the applicant who is defendant No. 3 in Suit No. 1977/88. The decree was passed againstdefendantNo. 1 primarily on the ground that the defendant No. 1 failed to file the written statement. Hence, the suit was decreed under Order 8 Rule 10 of the Code of Civil Procedure. The defendant No. 3 filed his written statement in the above suit and he is very much contesting the said suit. Thus, no such decree was passed against the applicant.