GURPREET SINGH Vs. SULAKSHNA DEVI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 17/9/2019 (Annexure P-4) whereby the Executing Court has issued conditional arrest/detention warrants against the petitioners without due compliance of the provisions of Order 21 Rule 37 of the Code of Civil Procedure, 1908 (CPC).

(2.) Learned counsel for the petitioners would contend that the Executing Court without due compliance of the provisions of Order 21 Rule 37 of CPC has issued conditional arrest/detention warrants of the petitionerJDs. In support of his arguments, learned counsel for the petitioners has relied upon the judgments of this Court in the case of Didar Singh @ Dara Singh Vs. State Bank of India [2013 (1) RCR (Civil) 588] and Mohinder Singh Vs. M/s Amrik Singh Zora Singh Merchants & Commission Agents [CR No.5756 of 2019 decided on 31/10/2019]. Per contra, learned counsel for the respondent would contend that the Court was well within its rights to pass the impugned order inasmuch, as there were chances of the petitioner-JDs absconding. Heard.

(3.) In the present case, on 17/9/2019 the Executing Court had passed the following order :