Order No.2

Ld. Advocate for the Judgement debtors/petitioners is present.

Misc. Application dated 19/06/2023 filed by the Judgement debtors /petitioners is taken up for hearing.

Copy of this application has been served upon the Decree holder today.

Heard both side.

Ld. Advocate for the Judgement debtors/petitioners prays for recalling the order of warrant of arrest against the Judgement debtors in view of the judgement passed by the Hon’ble High Court in CRR/2955/2022 on 12/08/2022.

Ld. Advocate for the Decree holder strongly objects and submits that this judgment has been passed by the Hon’ble High Court with regard to Section 71 and 72 of the C.P. Act, 2019, whereas the Decree holder has filed Execution Application U/S 25 read with Section 27 of the C.P. Act, 1986 on 13/12/2019. Therefore, reference submitted by the Judgement debtors is not applicable here.

On scrutiny of the record of EA/133/2019, we find that the Execution Application has been filed U/S 25 read with Section 27 of the C.P. Act, 1986 but the provision of Section 25 of the C.P. Act 1986 has not been exhausted.

It further appears from order no.8 dated 26/03/2021 that notices were served upon Judgement debtors but they did not appear and accordingly the Commission was pleased to pass directly non bailable warrant of arrest against all the Judgement debtors.

It is apparent on the face of the record that the provision of Section 25 has not yet been exhausted till date.

So, warrant of arrest against all the Judgement debtors are hereby recalled.

Office to comply at once.

Thus the Misc. Application is disposed of.