THE CHANCELLOR Vs. HANSHA TANNA

JUDGEMENT

(1.) The judgment-debtor no.1 is produced under arrest before this Court today in execution of the warrant of arrest. The judgment-debtor no.1 was playing fast and loose with the Court. The judgment-debtors submitted to an order for payment and sought to pay off Rs.32 lakh in instalment. The judgment- debtors by an order dated May 16, 2006 were directed to pay Rs.10 lakh within six weeks from the date of such order and the balance amount of Rs.22 lakh in twenty-four equal monthly instalments. The order of May 16, 2006 was modified on February 15, 2007 by permitting the relevant order to be put into execution and treating the order of May 16, 2006 as a decree.

(2.) No money has been forthcoming despite the execution case pending from 2010.

(3.) The order dated May 16, 2006 unmistakably shows that the judgment-debtors had the means to pay the debt. They wanted some time to make payment by instalments. Much time was afforded to them. The award debtor no.1 has taken advantage of the money shown to him by postponing payment of the debt. A misplaced sympathy was extended to him. He, in fact, was absconding. A clear attitude of refusal to discharge the debt is manifest.