LAWS(DLH)-2019-9-140

NARAYAN KUAMR Vs. KAMAL KISHORE GUPTA

Decided On September 18, 2019
Narayan Kuamr Appellant
V/S
KAMAL KISHORE GUPTA Respondents

JUDGEMENT

(1.) Petitioner impugns order dated 06.07.2018 whereby the Executing Court has sentenced the petitioner to undergo simple imprisonment for a period of 30 days because the execution has remained unsatisfied for more than 4 years.

(2.) Learned counsel for the petitioner submits that the Executing Court has erred in not appreciating the judgment of the Supreme Court in Jolly George Verghese Vs. The Bank of Cochin, 1980 2 SCC 360.

(3.) Learned counsel further submits that an Order 21 Rule 37 CPC has no application in the facts and of the present case as there is prayer of the decree holder for execution of the decree for the arrest and detention in the present case.