NANDKISHORE NAVALKISHORE KOTHARI Vs. MANGALCHAND GANGARAM PASARI

JUDGEMENT

(1.) The petitioners are the judgment-debtors in Special Darkhast 11/2011 against whom the executing Court issued arrest warrants invoking power under Order XXI Rule 38 of the Civil Procedure Code (CPC). The petitioners sought review vide application dtd. 12/10/2021, which is rejected by an elaborate order dtd. 20/12/2021. Aggrieved, the petitioners are assailing the aforesaid orders in writ jurisdiction.

(2.) The factual matrix is that the respondent-plaintiff instituted Special Civil Suit 121/2009 seeking recovery of money, which the learned 4th Joint Civil Judge (Senior Division), Akola decreed vide judgment dtd. 25/11/2010 and directed the defendants-petitioners herein to pay the plaintiff/decree-holder Rs.6,17,618.00 (Rupees Six Lac Seventeen Thousand Six Hundred Eighteen) with future interest at the rate of 10% per annum on the principal amount from the date of the decision till realisation. The defendants have not disclosed whether the judgment and decree is challenged. The defendants aver in the memo of petition that due to financial crisis, the decretal amount could not be paid and, therefore, the plaintiff instituted execution proceedings.

(3.) In execution proceedings, the plaintiff/decree-holder preferred an application under Order XXI Rule 38 of the CPC on the premise that the judgment-debtors are obstructing the execution of warrants and that though the judgment-debtors have sufficient means, the decretal amount is not paid.