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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Sahib Ram Sehrawat – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to order denying revival of execution petition. (Para 1 , 2 , 3) |
| 2. implications of moratorium on execution and realizations. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court quashes order and issues revival directives. (Para 9 , 10 , 11) |
| 4. disposition of miscellaneous applications. (Para 12) |
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, a challenge is cast to the order dated 11.10.2024 (Annexure P-32). The said order became passed by respondent No. 2, on an application dated 7.10.2024 (Annexure P-29) wherebys, the relief claimed thereins for revival of the execution petition, became declined.
2. Necessarily, the filing of the execution petition was uncontrovertedly pursuant to a binding and conclusive verdict becoming rendered on 7.9.2018, verdict whereof becomes embodied in Annexure P-1.
3. Though the said binding and conclusive decision was required to be enforced through an execution petition being filed before the learned Executing Court/Executing Authority concerned, and, an effective order being rendered thereons. However, it appears, that in the face of a moratorium becoming imposed on 5.3.2024 (Annexure P-22), by the National Company Law Tribuna
A moratorium under the IBC does not preclude actions against promoters for execution of decrees.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The making of an order of adjudication by the Insolvency Court is a prerequisite for any other Court to exercise power under Section 29 of the Insolvency Act.
Execution of decree – Only because there is a moratorium under Section 14 of IBC against company, it cannot be said that no proceedings can be initiated against directors/officers of company for exec....
The executing court has limited powers and cannot go behind the decree unless it lacks inherent jurisdiction. Finality and res judicata are significant in legal proceedings, and undue delays in execu....
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
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