SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(HP) 469

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, J
Sumit Khanna – Appellant
Versus
Kanchan Sunil Adani – Respondent


Advocate Appeared:
For the Petitioner:Mr. Shivank Singh Panta, Advocate
For the Respondent(s):Mr. Viren Sibal and Mr. Pawan Gautam, Advocates

JUDGMENT

Tarlok Singh Chauhan, J.

1. Since common questions of law and facts arise for consideration in both these petitions, therefore, they were taken up together for hearing and are being disposed of by a common judgment.

2. The respondents/decree-holders (hereinafter referred to as the ‘respondents’) are yet to enjoy the benefit of the decree that has been passed in their favour and the petitioners/judgment-debtors (hereinafter referred to as the ‘petitioners’) have made all attempts to frustrate the respondents to such an extent that they would lose interest in enjoying the fruits of the decree passed in their favour.

3. The Hon’ble Supreme Court has made certain pertinent observations regarding difficulties faced in execution of the decree in Griesheim GMBH (Now Called AIR Liquide Deutschland GMBH) vs. Goyal MG Gases Private Limited (2022) 11 SCC 549 wherein it was observed as under:

“2. It is an old saying that the difficulties of the litigant in India begin when he has obtained a decree. The evil was noticed as far back in 1872 by the Privy Council in relation to the difficulties faced by the decree holder in execution of the decree, General Manager, Raj Durbhunga v. Coomar Ram


















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top