MANAGING DIRECTOR, HAFED AND ANOTHER Vs. DEVENDER KUMAR

JUDGEMENT

(1.) JUDGMENT -debtors (JDs) have filed this revision petition under Article 227 of the Constitution of India impugning order dated 13.01.2010 (Annexure P -6) passed by the Executing Court, thereby dismissing objections preferred by the petitioners. Suit filed by respondent -plaintiff Devender Kumar was decreed by the trial court vide judgment and decree dated 05.09.2000 (Annexure P -1), upheld up to Hon'ble Supreme Court. Respondent -DH has filed execution petition, wherein the JDs filed objections (Annexure P -5) alleging that the decree being declaratory, is not executable and no monetary benefits can be recovered in the execution proceedings. It was also alleged that petitioner no. 2 -Spinning Mill is under liquidation and official Liquidator has been appointed.

(2.) I have heard counsel for the parties and perused the case file.

(3.) I have carefully considered the matter.