BANK OF BARODA Vs. SHARMA INDUSTRIES

JUDGEMENT

(1.) BY this application under Section 151, Civil Procedure Code, Judgment debtor No. 3, Ram Murti, has prayed for the release of the amount of Rs. 57,307 which was ordered to be deposited in fixed deposit with the decree holder's bank.

(2.) PURSUANT to a joint and several decree passed against the judgment debtors in Bank of Baroda v. Sharma Industries, In re (C. S. No. 68 of 1984, dated 20th August, 1984), the decree holder filed the instant execution petition in the sum of Rs. 1,34,905.16 on March 28, 1986. During the pendency of the aforesaid proceedings, the decree holder also filed an application registered as OMP No. 25 of 1987 on February 21, 1987, which remained pending disposal till March 20, 1990 and the same was disposed of as withdrawn as per the statement of learned counsel for the decree holder as not being pressed at the present stage of the proceedings. In between this period from February 21, 1987, till March 20, 1990, both the parties filed various applications out of which OMPs No. 139 of 1988 and 232 of 1988 with reference to OMP No. 25 of 1987 are material for the decision of the instant application. By the first application OMP NO. 25 of 1987, the decree holder sought the arrest of judgment debtors Nos. 2 and 3, namely, Ram Sarup (principal debtor), and Ram Murti (guarantor). On May 26, 1987, this court passed the following order in OMP No. 25 of 1987 :

(3.) AT this stage, learned counsel for judgment debtor No. 3 has stated that he had not made any such statement to this court regarding any such understanding having been arrived at between the parties as incorporated in this order. However, he admits that this order was dictated in his presence. Thus this order has to be taken as such in view of the presumption of truth attached to it under the law. On the same day, another order in OMP N. 232 of 1988 was passed which is given below :