VINOD KANT GAUTAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Two orders of Senior Sub Judge, Sirmur at Nahan passed in an execution petition on 26th May, 1992 and 17th June, 1992 are under challenge in this civil revision.

(2.) The Respondent-bank was granted decree on 15th January, 1987 for recovery of Rs. 34,202.56 paise on account of principal and interest alongwith costs and future interest at the agreed rate. The decretal amount was allowed to be paid by instalments of Rs. 850 per month. On failure to pay any instalment on due date, the judgment-debtor was held entitled to execute the decree.

(3.) On 30th January, 1992, the decree holder took out execution proceedings stating that Rs. 40,784 had become due inclusive of interest and costs, which the judgment-debtors had failed to pay Notice of execution was directed to be issued to judgment-debtors, who put in appearance and the execution was thereafter kept for conciliation. On 26th May, 1992. when conciliation could not be effected, the Court directed warrant of attachment to be issued against the moveable and Immovable property of the judgment debtors. The order reads as under: