RAJKUMAR Vs. APPADURAI

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order, dtd. 5/2/2020, passed in E.P.No.665 of 2018 in O.S.No.163 of 2015 on the file of II Additional District Court, Puducherry, directing the revision petitioner to pay the E.P. amount or face arrest.

(2.) The suit was one for recovery of money and it was decreed by the trial Court in favour of the respondent/plaintiff and against the petitioner/defendant on 26/4/2018. Along with the suit, I.A.No.587 of 2015 was filed by the respondent/plaintiff to direct the petitioner/defendant to furnish security for the suit claim together with interest from the date of the plaint and costs to the tune of suit claim of Rs.7,96,849.50 and Court fee of Rs.59,763.50, totalling to a sum of Rs.8,56,613.00 within a stipulated time and on failure to furnish the same, direct attachment of the property mentioned in the petition before judgment. The said application was allowed and the attachment of the property before judgment was ordered and the same made absolute. Pursuant to the decree passed in the suit, since the suit claim was not realized, the respondent/plaintiff filed E.P.No.665 of 2018 for arrest of the petitioner/defendant, whereupon, the trial Court directed the petitioner to pay the decretal amount by 10/3/2020 or face arrest. Hence, this Revision.

(3.) Originally, as against the judgment and decree of the trial Court passed in the suit, the petitioner preferred an appeal vide A.S.No.598 of 2018 and, along with the said appeal, he also filed C.M.P.No.15576 of 2018 for interim stay. On 18/3/2019, this Court passed a conditional order of stay on condition that the petitioner should deposit 50% of the decretal amount and on further condition that failing to deposit the same would lead to dismissal of the petition without any further notice. However, the said amount has not been deposited by the petitioner. Therefore, no order of stay exists in the first appeal pending before this Court. Similarly, when this Civil Revision Petition came up before this Court for the first time on 11/3/2020, an order of interim stay of the impugned proceedings in E.P.No.665 of 2018 in O.S.No.163 of 2015 was passed for a period of four weeks, subject to the condition that the petitioner should pay a sum of Rs.1,50,000.00 to the credit of the E.P., failing which, the said order would get vacated automatically without any further reference to the Court. Even the said order of this Court has not been complied with by the revision petitioner. Hence, virtually, no order of any interim stay exists in the impugned proceedings. The trial Court also observed that the petitioner possessed the property worth about Rs.60.00 lakhs. The lackadaisical attitude and dilatory tactics of the revision petitioner in not complying with the orders of the trial Court and also this Court would show the scant regard of the petitioner for the Court. If the petitioner were a law abiding citizen, to prove his bona fides, he ought to have complied with the interim orders of this Court either in the first appeal proceedings or even in this civil revision petition. Admittedly, the petitioner has not done that. This attitude of evasion cannot be sustained in the eye of law. Given that situation, filing or pendency of appeal is not a bar for the executing court to proceed with the execution petition so as to execute the decree of the trial Court.