DALBIR SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) JUDGMENT debtor no. 3 Dalbir Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 10.5.2010 Annexure P/1 passed by the executing court thereby dismissing objection petition filed by the petitioner in the execution proceedings. Suit filed by respondents no. 1 to 6/decree holders against petitioner and proforma respondents no. 7 to 11 was decreed for recovery of money with interest. Decree holders (DHs) filed execution petition wherein land of judgment debtors (JDs) was attached. The land was sold. Respondent no. 1 (one of the decree holders) with prior permission of the executing court, purchased the attached land being highest bidder and deposited the auction money.

(2.) PETITIONER filed objections alleging that their regular second appeal was pending in this Court. It was also alleged that auction took place in clandestine manner and the land was sold for lesser price than market price and requisite notice was not served on the JDs. It was also pleaded that interest @ 18% per annum has been awarded which is excessive and future interest exceeding 6% per annum could not have been awarded. The petitioner also prayed for permission to pay the decretal amount with interest @ 6% per annum in installments.

(3.) COUNSEL for the petitioner reiterated the aforesaid objections pleaded by the petitioner in his objection petition. It was also submitted that pursuant to interim order of this Court, the petitioner has already deposited the decretal amount in the executing court. Counsel for the petitioner has relied on judgments in the cases of M/s. Aman Industries and Ors. Versus Punjab Financial Corporation, : 1991 (2) PLR 615; Desh Bandhu Gupta versus N.L. Anand and Rajinder Singh, : 1993 (3) R.R.R. 600; M/s. Frid Paper Mills (P) Ltd. Versus Punjab Financial Corp., Chd., : 1994 (3) PLR 335 and M/s. Shalimar Cinema versus Bhasin Film Corporation and another, : AIR 1987 SC 2081 (1).