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2025 DAILYLAW 21301 (HP)

VIKESH DESHTA v. PRIYA BHATT

CMPMO/434/2025 · 2025-08-01

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:25795 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.434 of 2025 Decided on: 01.08.2025 Sh. Vikesh Deshta … Petitioner Versus Smt. Priya Bhatt … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : M/s Aakash Thakur and Varun Thakur, Advocates. For the respondent : No notice issued. Ajay Mohan Goel, Judge (Oral) In the light of the order the Court intends to pass in this petition, no notice is being issued to the respondent, as no order adverse to the interest of the respondent is being passed. 2. The petitioner is aggrieved by order dated 03.07.2025, in terms whereof, warrant of arrest has been issued against the petitioner for his presence in the Court on 20.08.2025 in the execution proceedings initiated by the respondent. 3. Learned counsel for the petitioner has drawn the attention of the Court to the impugned order and submitted that this order has been passed despite the fact that the petitioner did put in appearance before the learned Executing Court alongwith learned counsel, as is also evident from the impugned order. He submitted that in these circumstances the observations of learned Executing Court that the petitioner was evading his appearance before the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:25795 Court is uncalled for. Learned counsel further submitted that interest of justice would be served in case this petition is disposed of by modifying order dated 03.07.2025, to the extent that the issuance of warrant of arrest be set aside and petitioner undertakes to appear before learned Executing Court on 20.08.2025. 4. In the light of the submissions made by learned counsel for the petitioner, this petition is disposed of with the direction that the direction issued by learned Executing Court of issuance of warrant of arrest against the Judgment Debtor is put in abeyance till 20.08.2025. In case the petitioner does appears before learned Executing Court on 20.08.2025, then learned Executing Court to consider recall of the said order. However, if the petitioner for any reason whatsoever does not appears before the learned Executing Court on 20.08.2025, then learned Court may pass appropriate orders in this regard including revival of the order of issuance of warrant of arrest and the petitioner will also be burdened with costs of Rs.25,000/- probably to the Decree Holder, for abusing the process of law. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 01, 2025 (Rishi)