M/S JAYASWAL NECO INDUSTRIES LTD v. PADAM KUMAR JAIN AND ANOTHER
CR/135/2025 · 2026-07-23
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17374 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17374 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:30612 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Revision No. : 135 of 2025 Decided on : 23.07.2026 M/s Jayaswal Neco Industries Ltd. …Petitioner Versus Padam Kumar Jain & Anr. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. C.N. Singh, Advocate. For the respondents : Mr. R.L. Sood, Senior
Advocate, with Ms. Sanjivni Sood, Advocate, for respondent No. 1. Mr. Anshul Jairath, Advocate, for respondent No. 2.
Virender Singh, Judge
(Oral) PetitionerM/s Jayaswal Neco Industries Ltd. has filed the present petition under Section 115 of CPC, read with Section 151 of CPC, against the order dated 11.08.2023, passed by the Court of learned District Judge, Una, District Una, H.P. (hereinafter referred to as ‘the Executing Court’), in Execution Petition No. 115 of 2022, titled as “M/s Jayaswal Neco Industries Ltd. Versus Padam Kumar Jain & Anr.”. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:30612
2. Vide order dated 11.08.2023, the executing Court has directed the DH to file the list of property of respondent No. 1, to realize the remaining awarded amount, by holding that the respondent No. 2 has paid his share.
3. For the sake of convenience, the parties to the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned executing Court.
4. The DH has filed the execution petition, before the learned executing Court, for execution of the award passed by the Sole Arbitrator in CAC No. 944/0415, on 26.11.2021, titled as “M/s Jayaswal Neco Industries Ltd. Versus Padam Kumar Jain & Anr.”.
5. Vide award sought to be executed, the learned sole arbitrator has granted the following relief:
“20. In the result, I hereby pass an award in favour of the claimant and against the respondents directing the respondents to pay to the claimant a sum of Rs. 50 lacs with interest @ 6% p.a. from 09.06.2014 till payment is made. Parties are left to bear their own costs throughout.”
6. During the pendency of the execution petition, when notices were issued, respondent No. 1 has not put
3 2026:HHC:30612 appearance, as such, he was proceeded exparte, vide
order dated 21.10.2022. 7. On 11.08.2023, the learned executing Court has held that during the pendency of the execution petition, JD No. 2 has paid half share of awarded amount and while recording the statement of JD No. 2 that he has already paid his share and he is not liable to pay the remaining amount, as such has ordered the DH to file list of property of JD No. 1 to realize the remaining awarded amount from him. 8. Aggrieved from the said order, passed by the learned executing Court, the present petition has been filed, on the ground that the learned executing Court on 11.08.2023, has passed the order directing the DH to file the list of property of JD No. 1, on the oral request of JD No. 2, without there being any application in this regard. 9. According to the petitioner, the learned executing Court, vide order dated 11.08.2023, has also travelled beyond the award dated 26.11.2021, and has misinterpreted the arbitral award. 10. On the basis of above facts, Mr. C.N. Singh, Advocate, appearing for the petitioner/DH, has prayed that
4 2026:HHC:30612 the order dated 11.08.2023, may kindly be set aside and the learned executing Court be directed to proceed further in accordance with law. 11. The prayer so made, has been opposed by Mr. Anshul Jairath, Advocate, appearing for respondent No. 2, on the ground that JD No. 2 is liable to pay only 50% amount of the award and as such, prayer has been made to dismiss the petition. 12. Heard. 13. As per the award, which has been reproduced above, it has no where been provided that 50% is to be paid by JD No. 2 and rest of the amount is to be paid by JD No. 1. Learned counsel appearing for JD No. 2 could not point out as to how the learned executing Court has divided the liability between the JDs. The award has been passed against the respondents and if the facts and circumstances are seen in the light of the decision of this Court in “H.P. State Cooperative Bank Ltd. Versus Ram Gopal Sharma, 2011 SCC Online HP 3896”, as well as, the decision of Division Bench in “Chet Ram Versus Managing Director, H.P. State Cooperative Bank Ltd. & Ors.
2022 SCC OnLine HP 1786”, then, the order passed
5 2026:HHC:30612 by the learned executing Court does not stand in the judicial scrutiny by this Court. Relevant paras 7 and 8 of the judgment of this Court in HP State Cooperative Bank Ltd.’s case (supra), is reproduced, as under:
“7. By simply making a request to the petitionerBank, i.e. the creditor, for directing the principal debtor to arrange for some other surety in his place on account of his transfer, respondent No. 1 could not claim that the guarantee stood revoked. Inaction on the part of Bank is of little consequence. There is no provision in the Contract Act for unilateral revocation of agreement of guarantee nor is there any provision in the said Act or any other law to the effect that if guarantor approaches the creditor for revoking the guarantee and the creditor takes no action on that request, the guarantor shall stand absolved of his liability. 8. View taken by the Appellate Authority and the Revisional Authority, that on account of nonimpleadment of the second guarantor, respondent No. 1 was not liable to pay the amount due from the principal debtor, is also contrary to Section 138 of the Contract Act, which says that where there are cosureties, release of one of them by the creditor does not discharge the other(s).”
14. Similarly, relevant paras 7 to 9 of the judgment, in Chet Ram’s case (supra), are also reproduced, as under:
“7. The predominant challenge of the petitioner is on account of petitioner being chosen for the recovery by respondent No.3 in preference to the principal borrower, which in our considered view, deserves to be rejected for the simple reason that the plea raised by petitioner is against law. The liability of a surety is coextensive with that of principal debtor, unless it is otherwise provided by the contract.
As per section 137 of the Indian Contract Act, 1872, mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety. 6 2026:HHC:30612
8. In view of the aforesaid legal position, petitioner has no right to evade his liability under contract of guarantee by simply pleading forbearance on the part of the creditor to sue the principal borrower in the first instance. 9. The contention of the petitioner that he will be put to double jeopardy also deserves to be rejected with equal force. The proceedings under the Negotiable Instruments Act are not against the petitioner. Even otherwise, the said proceedings are not the substitute for recovery but are in the realm of penal proceedings filed against a person, whose cheque remains unpaid on presentation.”
15. In view of the above, it can be said that the approach of the learned executing Court, does not sustain in the judicial scrutiny by this Court, as, when the award is silent, then there was no occasion for the executing Court to go beyond the award and to give a different interpretation contrary to the award. 16. Consequently, the order under challenge does not survive and the same is set aside. Matter is remanded back to the learned executing Court, with a request to proceed further, in accordance with law. 17. Pending application(s), if any, shall also stand(s)
disposed of.
(Virender Singh) 23rd July, 2026
Judge (Pramod Kumar)