BARIK ENTERPRISE Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. R Baruah, learned counsel for the petitioners and Mr. MK Mishra, learned counsel for the respondent Bank.

(2.) The present petitioner is the judgment debtor in the decree passed in Title Suit No. 26/2005 in the court of learned Civil Judge (Sr. Divn.) at Jorhat. A preliminary decree was passed thereby directing the present petitioners/judgment debtors to pay an amount of Rs. 4,75,397/- along with pendente-lite interest @ 15% from 01.04.2004 to 15.03.2005 and the total decreetal amount comes to Rs. 5,48,366/-. The loan which was granted by the decree holder Bank was secured with collateral security in the form of equitable mortgage with respect to a plot of land measuring 1 katha 12? lecha under Dag No. 1290/1306 of Periodic patta no. 245 situated at Block No. 5, Jorhat town. The said preliminary decree was put into execution in Title Execution Case No. 4/2009. Vide order dated 26.07.2012 on the submission of the present petitioners/judgment debtors showing a communication with the Regional Manager of the Bank sought the leave of the Executing court to satisfy the money decree by paying Rs. 2000/1000 per month to the Bank. The learned court below which is the Executing court allowed the said arrangement. Vide order dated 02.07.2015, the learned Executing court came to the finding that till the said date, the judgment debtors/ petitioners repaid an amount of Rs. 29,000/- as part payment of the decree and held that the petitioner violated the terms of the decree directing the dealing assistant of the court below not to receive any more such amount @ Rs. 1000/2000 per month inasmuch as, as per the judgment, the judgment debtors/ petitioners were directed to repay entire decreetal amount @ Rs. 10,000/- per month. By order dated 02.07.2015 the Executing court ordered issuance of writ for attachment of properties of the judgment debtors/ petitioners with a further notice to show cause as to why the judgment debtors/ petitioners shall not be committed to the civil imprisonment. Being aggrieved by the said order, the petitioners/ judgment debtors filed a petition bearing No. 1985/2015 dated 27.07.2015 with a prayer to review the matter and the order directing Rs. 10,000/- to be paid as per the judgment.

(3.) The respondent Bank filed its objection thereby bringing to the notice of the court below that there was no such arrangement with the petitioners or the higher officials of the Bank thereby allowing the petitioners to repay the borrowed amount @ Rs. 2000/1000 per month. The said review petition was registered as Misc. (J) Case No. 91/2015 arising out of the Title Execution Case No. 4/2009 which was dismissed vide order dated 10.08.2015. The dismissal of the said review petition brought forth the effectiveness of the order dated 02.07.2015. The petitioners being aggrieved by the said order dated 10.08.2015 along with the order dated 02.07.2015 preferred this revision petition challenging the said orders.