CENTRAL BANK OF INDIA Vs. ROHIDAS

JUDGEMENT

(1.) The petitioner-Bank had obtained a decree against the first respondent as the principal debtor and the respondents Nos. 2 and 3 as sureties. As the decretal amount was not forthcoming Execution Application No. 45/89 was executed and the vehicle of the first respondent bearing registration number plate G.D.S. 911 was attached. Needless to say that the attachment was levied for the purpose of selling the same to satisfy the decree.

(2.) By the application dated 26th March, 1991 the first respondent moved the Executing Court to allow him to pay the balance of the decretal amount in instalments of Rs. 5,000/-, the instalments to be paid every month. This prayer of the first respondent was objected to by the Bank. The Executing Court despite objections made an order on 26th March, 1991 which is now challenged in this revision application allowing the first respondent to pay the balance of the decretal amount in instalments and at the same time directing him to furnish a security bond in the amount of Rs. 25,000/- and upon such furnishing of the bond the attachment to stand lifted.

(3.) When this revision was brought before this Court after hearing the respondents rule was made. The impugned order dated 26th March, 1991 was stayed with the result the question of respondent No. 1 furnishing security bond did not arise. The respondent No. 1 however was directed to pay the instalments as prayed for by him in his application dated 26th March, 1991. In the impugned order it was observed by the Executing Court that an amount of Rs. 30,000/- or thereabout had been due under the decree. None of the respondents are present before the Court today to make a statement as to what has happened about the payment of the instalments. This matter was called on Monday, 2nd November, 1992 as also today and yet neither the respondents nor anyone representing them is present in the Court. The motor vehicle bearing registration number plate G.D.S. 911 has already been attached by the Executing Court. If by now the decretal amount has not been fully paid needless to say that it is open to the petitioner-Bank to take further steps in the execution proceedings No. 45/89 and get the decree satisfied.