PARMESHWARI DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner instituted execution proceedings for realising the amount respecting which decree was passed in his favour by this Court. The respondent sent demand draft in the sum of Rs. 8,00,000/-, but prayed that security may be taken from the decree-holder for its refund as Special Leave petition has been filed by the Union of India in the Supreme Court. The executing Court accepted the request and ordered the decree-holder to furnish security. Aggrieved from the said order, the decree-holder has come up in this revision.

(2.) The order of the executing Court is wholly without jurisdiction because there is no provision of law which justifies the demand of security. The simple fact that Special Leave Petition filed by the Union of India was pending, does not warrant the demand of security by the executing Court. The only remedy open to the Union of India was to secure an order to that effect from the Supreme Court where Special Leave Petition was pending. The impugned order demanding the Security, thus, being wholly without jurisdiction is hereby set aside. The decree-holder shall be entitled to encash the demand draft without furnishing any security unless some order is secured by the Union of India from the Supreme Court. No costs.