MAHARAJA ELECTROBRIGHT ENGG Vs. PONDICHERRY INDUSTRIAL PROMOTION DEVELOPMENT AND INVESTMENT CORPORATION LTD

JUDGEMENT

(1.) THE present Revision has been preferred by the Revision Petitioners against the fair and decreetal order dated 22.11.1996, made in B.P. No. 13/96 in O.P. No. 75/93, on the file of the Principal District Judge, Pondicherry.

(2.) IN E.P. No. 13/96, the Principal District Judge, Pondicherry by order dated 22.11.1996 allowed the Execution Petition and ordered attachment of movables described in the schedule to the order and further directed the attachment warrant to be issued to the respondent returnable by 20.12.1996. The property which was ordered to be attached were only machineries and the order of attachment has been passed under Sec. 32 of the State Financial Corporation Act, 1951. IN the said Execution Petition, which was filed on the basis of decree granted in O.P. No. 75/1993, the present Revision Petitioners who are the judgment debtors raised an objection contending that in the absence of any amount of loan to be recovered being specified in O.P. No. 75/1993, the Execution Petition is illegal and cannot be proceeded.

(3.) THE Principal District Judge, Pondicherry, had overruled the objection on the view that when the Objector/Judgment Debtor-1, had failed to challenge the decree passed in O.P. No. 75/1993 and having allowed it to become final, has now raised the objection only with a view to frustrate the attempt of the decree holder to realise the amount due. It was also held that the judgment debtor has no real intention to pay the decree amount as he had offered to pay Rs. 2000/- only per month, which offer to pay in instalments cannot be acceptable at all. THE District Judge overruled the objection and allowed the Execution Petition by fair and decreetal order dated 22.11.1996. Being aggrieved by the said order the present Revision Petition has been preferred by the judgment debtors 1 & 2.