H S SIDANA Vs. RAJESH ENTERPRISES

JUDGEMENT

(1.) This revision petition is directed against the order of the trial judge, whereby he directed that warrants of arrest be issued against the petitioner/judgment-debtor.

(2.) The facts are not clear from the file of the revision petition. However, it was urged at the Bar that a decree for recovery of a certain amount on account of arrears of rent was passed in favour of the respondent/decree- holder and against Aval Scales Industries Private Limited, Faridabad, and its managing director, Shri H. S. Sidana (petitioner). The decree-holder filed a list of attachable properties. Those properties could not be legally attached. The executing court directed the judgment-debtors to furnish a list of attachable properties, which was furnished by the judgment-debtor. The details of the property which the judgment-debtor had given was the one which, according to the executing court, could not be attached. After so holding, it directed that the judgment-debtor/petitioner be arrested and detained in prison.

(3.) Learned counsel for the petitioner/judgment debtor submitted that the decree passed against Aval Scales Industries Pvt. Ltd. could only be executed against it and it could not be executed against the managing director of the company. The managing director is not personally liable to pay the decretal amount.