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2002 Supreme(MP) 86

S.P.KHARE
PRAKASH BHAGWANI – Appellant
Versus
SAMMATI FOOD PRODUCTS PVT. LTD. SAGAR – Respondent


Advocates Appeared:
P.K.KAURAV, R.K.SANGHVI

S. P. KHARE, J.

( 1 ) THIS is a revision by the judgment debtor against the order by which the executing Court has directed execution of the money-decree by his arrest and detention in prison on the application of the decree-holder.

( 2 ) IT is not in dispute that judgment debtor Prakash Bhagwani was carrying on whole sale business of Maida, Suji and flour in the name of "bhagwani Sales Agency" in Gandhi Bhawan, Jhulelal Market, Jabalpur and he had purchased goods from decree-holder Sammati Food Products Pvt. Ltd. Sagar in connection with that business. The decree-holder filed civil suit against him and obtained the money decree in respect of the price of those goods. The execution is for recovery of Rs. 91,248/ -. This execution case is pending for eight years. Now the business in the name of "pasand Traders" is being carried at the same place in the same commodities. Jitendra Kumar is brother of the judgment-debtor.

( 3 ) THE case of the decree-holder is that the whole sale business in the new name of "pasand Traders" is in reality being carried on by the judgment-debtor. He has done so with the object of obstructing or delaying the execution of the decree. By this device he is co











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