MEHAR SINGH AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision petition is filed against the order of Civil judge (Senior Division). Amritsar, dated 16.3.1999. The decree-holder got an award of Arbitrator made rule of the Court and confirmed by the Single Judge of this Court. When the decreeholder filed an execution application, judgment debtors deposited a sum of Rs. 19,85,952/-. To withdraw the said amount decree-holder filed an application. On the application, Civil Judge (Senior Division) passed order dated 21.2.1999 directing that the said amount be released to the decree-holder subject to decree holder furnishing an undertaking to refund the same. By the impugned order the Executing Court- directed the decree-holder to furnish Bank guarantee for the said amount. There is no provision in the Code of Civil Procedure empowering the Executing Court to direct decree-holder to furnish Bank guarantee while withdrawing the amount deposited by the judgment-debtors. Earlier order of the Executing Court dated 21.2.1999 directing the decree- holder to file undertaking to refund the amount has become final. According to decree-holder, he has furnished his undertaking to refund the amount. Nothing more is required. Therefore, I set aside the order dated 16.3.1999 to the extent of directing the decree-holder to furnish Bank guarantee. The order dated 16.3.1999 is accordingly modified deleting the words