HARBHAJ SHARMA Vs. SHRIRAM TRANSPORT FINANCE CO LTD

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India, against the order dated 05.09.2018, 20.4.2018 and 12.6.2018, passed by the learned Additional District Judge, Kullu, District Kullu, H.P. in Execution Petition No.34/2017 and 61/2017, with a prayer to set aside/ quash the impugned orders by dismissing the execution petition of respondent No.1.

(2.) Briefly stating the facts giving rise to the present petition are that respondent No.1 filed arbitration case against the petitioner and proforma respondent at Chandigarh and the learned Arbitrator allowed the arbitration case on 02.09.2013 and ordered that the petitioner and proforma respondent are liable to pay a sum of Rs.3,43,482/- along with cost of Rs.2500/-. It has been alleged that the award was passed ex-parte, as the petitioner was not served in the arbitration case. The respondent No.1 filed Execution Petition bearing Ex. Pet. No.34/2017 before the learned Additional District Judge, Kullu. Further it has been averred that during the pendency of such petition, respondent No.1 filed application under Order 21 Rule 37 read with Section 151 CPC, for the arrest and detention of the petitioner and proforma-respondent and the same was allowed on 20.4.2018. The learned Trial Court ordered issuing of warrant of arrest against the petitioner and proforma respondent vide orders dated 20.4.2018 as well as 12..6.2018 and 5.9.2018.

(3.) It has been alleged that the impugned orders are against law and facts on record, which have been passed ignoring the true facts of the case, because the petitioner has deposited some amount i.e. Rs.35,000/- on 29.08.2018, Rs.15,000/- on 19.3.2018, Rs.10,000/- on 28.4.2018 and Rs.11,000/- on 04.12.2017, hence, it has been prayed that the impugned orders are liable to be set aside.