LAWS(P&H)-1998-5-27

AMAR SINGH Vs. PUNJAB NATIONAL BANK

Decided On May 04, 1998
AMAR SINGH Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) PETITIONERS and their brother took a tractor loan of Rs. 49,000.00 from the Punjab National bank, Sirsa on March 17, 1980 and mortgaged their agricultural land measuring 87 Kanals and 11 Marias situated in village Kariwali, Tehsil Sirsa. Since there was default in payment of the loan, the respondent-Bank moved an application under Section 8 (1) of the Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973* (for short, the Act) for the recovery of Rs. 58,269/ -. The suit was decreed. Thereafter, the bank filed an application for execution of the decree. By an order dated 16. 1. 1997, the Sub Divisional Officer (Civil), Sirsa, dismissed the objections filed by the judgment- debtors and issued warrants of attachment. It is against this order that the present revision petition has been filed by the judgment-debtor.

(2.) I have heard counsel for the parties. A perusal of the impugned order shows that it is as cryptic as it could be. It is common case of the parties that the petitioners have deposited a sum of Rs. 1,27,312.00 in all which amount, according to the respondent-Bank, has been reflected in the statement of accounts. Counsel for the respondent-Bank states that a sum of Rs. 53,672.00 is still due from the judgment- debtor as on 11. 11. 1996.

(3.) WITHOUT going into the merits of the claims made by either of the parties, I set aside the impugned order dated 16. 6. 1997 and remit the case to Sub Divisional Officer (Civil), Sirsa, for deciding the execution application afresh in accordance with law expeditiously by passing a detailed speaking order but not later than six months from the receipt of a copy of this order. It will be open to the judgment-debtors to raise all objections that are available to them under the law and executing Court shall take note of all those objections and decide the same in accordance with law.