SHAILENDRA SHARMA Vs. INDUS RESIDENCY PVT. LTD.

JUDGEMENT

(1.) The present petition has been filed challenging the order dtd. 18/11/2025 passed by the Executing Court, the instance of the decree holders. By the aforesaid order, the Executing Court has directed the matter of impersonation of surety to be enquired into police authorities and if the police authorities find the surety bond to have been fraudulently furnished before the Court, then to register an office and proceed further in the matter.

(2.) The undisputed facts of the case are that there is a decree of recovery of money against the respondents-judgement debtors in an suit filed by the petitioner. Against the judgement and decree passed by the trial Court, FA No.442/2022 is pending before this Court and in terms of the interim order passed in the said first appeal, part of decretal amount was deposited by the respondents/judgement debtors before the Executing Court amounting to Rs.35.25 lakhs. The Executing Court ordered the amount to be disbursed to the decree holders/petitioners upon furnishing of solvent surety by one Jugal Kishore. Later on, it was revealed before the Executing Court that the surety was of some agricultural land on which there were as many as 9 sureties given by the same person and later on, Jugal Kishore himself appeared before the Executing Court and stated that he never furnished any such surety before the Court and that he has been impersonated in furnishing the surety for the amount of Rs.35.25 lakhs before it being disbursed to the decree holders.

(3.) Thereafter, the judgment debtors filed an application under Sec. 379 BNSS (corresponding to Sec. 340 Cr.P.C.) seeking prosecution of decree holders and the impersonating surety under various Sec. of I.P.C.