Rajinder Singh Chauhan and Another vs H.P.F.C.

V.K. Ahuja, J.—The Petitioner/JDs have filed the present petition challenging the order passed by the learned District Judge, Shimla, dated 23.6.2011, vide which non-bailable warrants have been issued in Execution Petition No. 3-S/10 of 2005, filed by the Respondent, as against the Petitioners.

The record of the case has not been called, since it may delay the disposal of the petition. However, the learned Counsel for the Petitioners/JDs as well as Respondent agree that the order of non-bailable warrants does not appear to have been passed in accordance with law and Respondent''s counsel submits that he may be permitted to proceed further with the Execution Petition in accordance with law. Accordingly impugned order, vide which non-bailable warrants were issued, is set aside. The learned trial Court shall proceed with the Execution Petition pending before him in accordance with law and pass appropriate order accordingly. The Petitioners are at liberty to apply for one time settlement to the Respondent and deposit some substantial amount out of the amount due from them, which may be considered by the Respondent in accordance with law.

In view of the above, the petition is disposed of accordingly, so also the pending miscellaneous application(s), if any. A copy of this order be sent to the District Judge, Shimla for compliance.