RAJIV GARG Vs. L AND T FINANCE LTD

JUDGEMENT

(1.) This appeal is at the instance of a judgment-debtor and is directed against an order dated June 28, 2011, passed by a learned Single Judge of this Court by which His Lordship, in connection with the execution of a decree for recovery of money, passed a direction for arrest of the appellant, who was a guarantor for the loan advanced to the other judgment-debtor, for the maximum period indicated in Section 58(1)(a) of the Code of Civil Procedure, after, however, giving an opportunity to the appellant to pay off the decreetal amount within a specified period.

(2.) While passing such order, His Lordship specifically recorded that it did not appear from the materials on record that the appellant had any asset, but in spite of such finding, His Lordship was of the view that there was no bona fide offer or attempt by the appellant to pay off the amount of decreetal amount or even part thereof.

(3.) Being dissatisfied, the appellant, the judgment-debtor No.2, has come up with the present appeal.