IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 121 Raj Mohammad Ram Kishan CORAM: Present:- NIDHI GUPTA, J. against order dated Court, seeking modification of consequential reliefs. 2. respondent/plaintiff had filed a suit for recovery of Rs.2,58,000/ (Rs.1,50,000/ and decree dated 10.08.2017 decreed, and plaintiff was held entitled to recovery of Rs.2,58,000/ with interest @ 6% per annum. dismissed by the learned dated 13.03.2020 (Annexure P2) the respondent / IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Raj Mohammad Vs. HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Kuldeep Attri, Advocate for the petitioner. *** NIDHI GUPTA, J. Present petition has been filed by the against order dated 28.04.2025 (Annexure P3) seeking modification of the payment schedule and other consequential reliefs. The undisputed facts on record are that the respondent/plaintiff had filed a suit for recovery of Rs.2,58,000/ (Rs.1,50,000/- as principal and Rs.1,08,000/ and decree dated 10.08.2017 (Annexure P1), suit of the plaintiff was and plaintiff was held entitled to recovery of Rs.2,58,000/ with interest @ 6% per annum. The appeal filed by the petitioner was dismissed by the learned District Judge, Narn dated 13.03.2020 (Annexure P2). Thereafter, execution petition was filed by respondent /plaintiff/decree holder during which IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3067-2025(O&M) Date of decision: 20.05.2025 ...Petitioner(s) ...Respondent(s) JUSTICE NIDHI GUPTA , Advocate etition has been filed by the judgment debtor 28.04.2025 (Annexure P3) passed by the ld. Executing payment schedule and other The undisputed facts on record are that the respondent/plaintiff had filed a suit for recovery of Rs.2,58,000/- as principal and Rs.1,08,000/- as interest). Vide judgment (Annexure P1), suit of the plaintiff was and plaintiff was held entitled to recovery of Rs.2,58,000/- along The appeal filed by the petitioner was District Judge, Narnaul vide judgment and decree Thereafter, execution petition was filed by plaintiff/decree holder during which proceedings, the 4 judgment debtor passed by the ld. Executing payment schedule and other The undisputed facts on record are that the - Vide judgment (Annexure P1), suit of the plaintiff was along The appeal filed by the petitioner was vide judgment and decree Thereafter, execution petition was filed by the SUNENA 2025.05.22 10:16 I attest to the accuracy and integrity of this document matter was compromised between the parties for total sum of Rs.3,50,000/- 3. the said amount by the respondent petitioner to the petitioner has been directed to pay by making payment of 25.05.2025. 4. the petitioner is a very poor person having limited or no financial means. The petitioner has genuine financial constraints. The petitioner is unable to make the payment of remaining amount of Rs.1,05,000/ manner as directed above vide the impugn petitioner has consistently showed his bona fide and intention to comply with the decree coercive measures such as arrest or attachment threatened by the respondent will cause irreparable loss and injury to the petitioner as he survives on limited earnings. It is accordingly prayed that a direction be issued permitting the petitioner to pay the remaining balance in monthly instalments of Rs.10,000/ matter was compromised between the parties for total sum of -. It has been recorded in the impugned order that out of the said amount of ₹ 3,50,000/–, Rs.1,25,200/ respondent from the petitioner; and petitioner to the respondent in Court. Vide the impugned order, the petitioner has been directed to pay the remaining amount of by making payment of Rs.50,000/- on 14.05.2025 It is submitted by learned counsel for the petitioner ioner is a very poor person having limited or no financial means. The petitioner has genuine financial constraints. The petitioner is unable to make the payment of remaining amount of Rs.1,05,000/ manner as directed above vide the impugned order petitioner has consistently showed his bona fide and intention to comply decree by making regular payments. Learned counsel submits that coercive measures such as arrest or attachment threatened by the will cause irreparable loss and injury to the petitioner as he survives on limited earnings. It is accordingly prayed that a direction be issued permitting the petitioner to pay the remaining balance in monthly instalments of Rs.10,000/-. matter was compromised between the parties for total sum of It has been recorded in the impugned order that out of , Rs.1,25,200/- has already been received and Rs.1 lakh was paid by the Vide the impugned order, the the remaining amount of ₹1,25,000/– on 14.05.2025 and of Rs.75,000/- on It is submitted by learned counsel for the petitioner that ioner is a very poor person having limited or no financial means. The petitioner has genuine financial constraints. The petitioner is unable to make the payment of remaining amount of Rs.1,05,000/- in lumpsum in the ed order. It is submitted that the petitioner has consistently showed his bona fide and intention to comply regular payments. Learned counsel submits that coercive measures such as arrest or attachment threatened by the will cause irreparable loss and injury to the petitioner as he survives on limited earnings. It is accordingly prayed that a direction be issued permitting the petitioner to pay the remaining balance in monthly 4 matter was compromised between the parties for total sum of It has been recorded in the impugned order that out of has already been received was paid by the Vide the impugned order, the – on that ioner is a very poor person having limited or no financial means. The petitioner has genuine financial constraints. The petitioner is unable to in the . It is submitted that the petitioner has consistently showed his bona fide and intention to comply regular payments. Learned counsel submits that coercive measures such as arrest or attachment threatened by the will cause irreparable loss and injury to the petitioner as he survives on limited earnings. It is accordingly prayed that a direction be issued permitting the petitioner to pay the remaining balance in monthly SUNENA 2025.05.22 10:16 I attest to the accuracy and integrity of this document 5. perused the case file 6. this stage as that will only further delay the matter. the petitioner had borrowed the principal amount respondent as far back as on 23.07.2011; recovery of which was decreed vide judgment and decree dated 10.08.2017 the learned First Appellate Court vide judgment and decree dated 13.03.2020. Admittedly, between the parties as per which the petitioner was required to pay a total sum of Rs.3,50,000/ by the respondent from the petitioner; and Rs.1 lakh was paid by the petitioner to the respondent in Court. petitioner was directed to make payment of the balance amount of admitted by learned counsel for the petitioner that on 14.05.2025, the petitioner did not come present before the Executing Court was paid to the respondent adjourned to from zimni order dated 14.05.2025 (Annexure P4). 7. In the facts and circumstances of the present case, this Court deems it fit I have heard learned counsel for the petitioner perused the case file. Issuance of notice of motion is being dispensed with at this stage as that will only further delay the matter. the petitioner had borrowed the principal amount as far back as on 23.07.2011; recovery of which was decreed vide judgment and decree dated 10.08.2017 the learned First Appellate Court vide judgment and decree dated . Admittedly, thereafter, a compromise has been between the parties as per which the petitioner was required to pay a total sum of Rs.3,50,000/-. As already noted above, Rs.1,25,200/ by the respondent from the petitioner; and Rs.1 lakh was paid by the petitioner to the respondent in Court. Vide the impugned order, the petitioner was directed to make payment of the balance amount of ₹75,000/– was to admitted by learned counsel for the petitioner that on 14.05.2025, the petitioner did not come present before the Executing Court was paid to the respondent through counsel; whereafter the matter was adjourned to 21.05.2025 for further payment of Rs.30,000/ from zimni order dated 14.05.2025 (Annexure P4). Thus, at present only Rs.1,05,000/ In the facts and circumstances of the present case, this Court deems it fit heard learned counsel for the petitioner, and Issuance of notice of motion is being dispensed with at this stage as that will only further delay the matter. The record shows that the petitioner had borrowed the principal amount of Rs.1,50,000/- from the as far back as on 23.07.2011; recovery of which was decreed vide judgment and decree dated 10.08.2017; which was further upheld by the learned First Appellate Court vide judgment and decree dated , a compromise has been affected between the parties as per which the petitioner was required to pay a total As already noted above, Rs.1,25,200/- was received by the respondent from the petitioner; and Rs.1 lakh was paid by the Vide the impugned order, the petitioner was directed to make payment of ₹50,000/– on 14.5.2025; and was to be paid on 25.5.2025. It is admitted by learned counsel for the petitioner that on 14.05.2025, the petitioner did not come present before the Executing Court; and ₹20,000/– through counsel; whereafter the matter was 21.05.2025 for further payment of Rs.30,000/- as is evident from zimni order dated 14.05.2025 (Annexure P4). only Rs.1,05,000/- remains to be paid. In the facts and circumstances of the present case, this Court deems it fit 4 , and Issuance of notice of motion is being dispensed with at shows that from the as far back as on 23.07.2011; recovery of which was decreed upheld by the learned First Appellate Court vide judgment and decree dated affected between the parties as per which the petitioner was required to pay a total received by the respondent from the petitioner; and Rs.1 lakh was paid by the Vide the impugned order, the on 14.5.2025; and It is admitted by learned counsel for the petitioner that on 14.05.2025, the – through counsel; whereafter the matter was as is evident remains to be paid. In the facts and circumstances of the present case, this Court deems it fit SUNENA 2025.05.22 10:16 I attest to the accuracy and integrity of this document not to interfere petitioner has been directed to make payment of Rs.30,000/ holder on 21.05.2025 , it is directed that the petitioner shall re instalments of Rs.25,000/ be made by 7 one instalment without further reference to this Court. 8. 9. 20.05.2025 Sunena Whether speaking/reasoned: Whether reportable: nterfere in the order dated 14.05.2025 (Annexure P4) whereby the petitioner has been directed to make payment of Rs.30,000/ holder on 21.05.2025. However, regarding remaining amount of Rs.75,000/ , it is directed that the petitioner shall repay the said amount in monthly instalments of Rs.25,000/- each to the decree holder; which payment has to be made by 7th day of each month. It is made clear that one instalment in time, shall construe dismissal of the present petition without further reference to this Court. Present petition stands disposed of Pending application(s) if any also stand(s) disposed of. Whether speaking/reasoned: Yes/No reportable: Yes/No in the order dated 14.05.2025 (Annexure P4) whereby the petitioner has been directed to make payment of Rs.30,000/- to the decree . However, regarding remaining amount of Rs.75,000/- pay the said amount in monthly each to the decree holder; which payment has to . It is made clear that failure to pay even dismissal of the present petition disposed of in above terms. Pending application(s) if any also stand(s) disposed of. (Nidhi Gupta) Judge 4 in the order dated 14.05.2025 (Annexure P4) whereby the to the decree - pay the said amount in monthly each to the decree holder; which payment has to failure to pay even dismissal of the present petition SUNENA 2025.05.22 10:16 I attest to the accuracy and integrity of this document