Chandigarh court attaches property on relief execution plea
Chandigarh, October 17
The court of Parmod Kumar, Civil Judge, Junior Division, Chandigarh, has ordered attachment of M/s Gupta Saw Mill and M/s Kalka Timber Store situated at plot number 15 in Timber Market, Sector 26 here.
The court passed the order on an execution application filed by one Kamta Parshad through advocate Anup Singh Saini. Decree holder Kamta Parshad, in the application, claimed that Mayor Anup Gupta was the owner of the property.
In the application, Kamta Parshad sought the order for issuance of warrants for attachment of the property as per Order 21 Rule 22 of the CPC and dispensing with serving of notice upon the judgment debtors (M/s Gupta Saw Mill & M/s Kalka Timber Store). Kamta Parshad also enclosed an ownership details taken from official website of the UT Estate Office.
Kamta Parshad stated that Jagdeep Kaur Virk, presiding officer, Industrial Tribunal-cum-Labour Court, UT, in the award dated March 28 this year, directed judgment debtors to pay compensation of Rs 2,10,000 to him within three months.
It was directed that the judgment debtors would pay the compensation in equal share within three months from the date of publication of the award in the Government Gazette, failing which the amount of award was to carry interest at the rate of 9% per annum from the due date till its realisation.
He said as per the Order 21 Rule 11 of the CPC, when an application for execution was filed within two years of the date of the decree/award, no notice was required to be sent to the judgment debtors. He added that the judgment debtors were well aware of the award passed against them, but were willfully not depositing the compensation. So, as per the compliance of Order 21 Rule 22 of the CPC, the warrants of attachment of the property of judgment debtors be issued.
After hearing the arguments, the court observed that as per the award, the judgment debtors were equally liable for the payment of the award amount. Keeping in view the averments mentioned in the application, the application was allowed. Therefore, there was no need for issuance of fresh notice to the opposite party. Let warrants of attachment against the property owned by judgment debtors be issued for January 6, 2024.
Kamta Parshad claimed that he was engaged by the management of M/s Gupta Saw Mills and M/s Kalka Timber Store, both situated in plot number 15 of Timber Market, for saw mill-related work on June 24, 1989, for Rs 15,000 per month. He claimed that his services were verbally terminated without issuing any notice following which he had approached the labour court.
