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Judgment
Present revision petition filed under Article 227 of the
Constitution of India, is directed against the order dated 20.3.2017
(Annexure P-1) passed by the learned executing court, whereby conditional
warrant of arrest was issued, only with a view to secure presence of the
petitioner.
Heard learned counsel for the petitioner.
A bare reading of the impugned order would make it crystal
clear that it was the petitioner who forced the learned executing court to pass
the impugned order, issuing conditional warrant of arrest to secure his
presence. Despite the fact that case was called many times since morning,
nobody put appearance on behalf of the petitioner-judgment debtor. In such
a situation, learned executing court was left with no other option except to
pass the impugned order, so as to secure presence of the petitioner. Having
said that, this Court feels no hesitation to conclude that the learned executing
court was well within its jurisdiction to pass the impugned order and the
same deserves to be upheld, for this reason also.
During the course of hearing, learned counsel for the petitioner
could not point out any patent illegality or perversity in the impugned order,
which may warrant interference at the hands of this Court, while exercising
its revisional jurisdiction under Article 227 of the Constitution of India. It
goes without saying that the impugned order passed by the learned executing
court issuing conditional warrant of arrest was only with a view to ensure
presence of the petitioner.
No other argument was raised.
Considering the peculiar facts and circumstances of the case
noted above, coupled with the reasons aforementioned, this Court is of the
considered view that present revision petition is misconceived, bereft of
merit and without any substance. Thus, it must fail. No case for interference
has been made out.
With the abovesaid observations, present revision petition
stands disposed of, however, with no order as to costs.