Order No. 5

Ld. Advocate for the Decree holder/petitioner is present.

Ld. Advocate for the Judgement debtor no.2 is present and files written objection today. Copy served.

The Misc. Application dated 03/04/2024 filed by the Decree holder is taken up for hearing along with its written objection.

Ld. Advocate for the Decree holder enclosed a computerized Invoice of Judgement debtor no.1 with the Misc. Application which reveals the Bank Account detail of Judgement debtor no.1.

Ld. Advocate for the Decree holder prays for attachment of the bank account mentioned in the schedule of the Misc. Application which stands in the name of Judgement debtor no.1 till realization of the decreetal amount.

Ld. Advocate for the Judgement debtor no.2 submits that the Decree holder incorporated his name as Judgement debtor no.2 in the alleged petition in order to harass him and to mislead the Commission to obtain favourable order. It is categorically argued that Judgement debtor no.2 is neither the Director nor the employee of  Judgement debtor no.1 and claims that Judgement debtor no.2 is only working as Marketing Commission Agent under Judgement debtor no.1 and prays for deletion of his name from the Misc. Application.

It appears from the record that the Decree holder has prayed for attachment of a Bank Account in the name of Judgement debtor no.1.

Judgement debtor no.2 has not raised any objection regarding the prayer for attachment of the Bank Account of Judgement debtor no.1, neither denied that the details of the bank account mentioned in the schedule of the Misc. Application is incorrect.  Judgement debtor no.2 only prayed for deletion of his name from the cause title of the Misc. Application.

It is apparent from the material on record that the Judgement debtor no.2 Azadul Haque as opposite party no.2 in CC/130/2022 and Final order / Judgement has passed against him. Accordingly, he is judgment debtor no.2 in EA/20/2023.

Executing Court has no power to travel beyond the Final order/Judgment passed in CC/130/2022.

Therefore, the name of judgment debtor no.2 cannot be deleted.

We find that the judgment debtor no. 2 himself appeared in execution case on 19/07/2023 and in his own hand writing submitted an application expressing his willingness to comply the Final order/Judgment dated 27/01/2023 passed in CC/130/2022. From the application filed by judgment debtor no.2, we do not have any hesitation to hold that he is a well literate person.

In spite of several adjournments were given to judgment debtor no.2, he has not complied the same deliberately.  It further appears that notice of execution case was duly served upon the judgment debtor no.1 on 03/07/2023.

Therefore, in our considered view the Misc. Application dated 03/04/2024 filed by the decree holder on the prayer for attachment of the account of judgment debtor no.1 fully described in the schedule of the application has  merit and is liable to be allowed.

Hence, it is

O R D E R E D

that the Misc. Application dated 03/04/2024 filed by the decree holder is allowed on contest.

The bank account of judgment debtor no.1 ‘Punjab National Bank A/c No.3185002100013239, IFSC CODE: PUNB0009300, Branch: New Market’ is hereby attached in EA/20/2023 till realization of the decreetal amount and/or until further order.

The Branch Manager, Punjab National Bank, New Market Branch is directed to submit statement of account of the aforementioned account in EA/20/2023.

Thus, the Misc. Application stands disposed of.