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Judgment
J.V. Gupta, J.—This petition is directed against the executing Court dated 27th of May 1988, whereby warrants were issued in pursuance of which the Petitioner who happened to be the Managing Director of the Company i.e. judgment debtor known as Bagrian Shoes Limited, was being arrested.
At the time of motion hearing operation of the impugned order was stayed on 8th June, 1988. The decree-holder obtained a decree against the Company known as Bagria Shoes Ltd. In execution of that decree the executing Court passed the impugned order for conditional warrants without naming that against whom the warrants were being issued. However, in pursuance of that order, the Petitioner who happened to be the Managing Director of the judgment debtor''s company was being arrested.
Learned Counsel for the Petitioner submitted that the judgment debtor is defined under Clause 10 of Section 2 of the CPC and u/s 55 of the CPC only the arrest could be made of the judgment debtor. Thus, argued the learned Counsel, since the Petitioner was not the judgment debtor and it was the company only, he could not be arrested even if he was its Managing Director unless there was a decree against him as well.
After hearing learned Counsel, I find merit in the contention raised on behalf of the Petitioner. Since the decree is against the company only and not against its officers, the Petitioner could not be arrested in execution thereof. Consequently, the petition succeeds, and the impugned order directing issuance of warrants of arrest is set aside.