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2025 Supreme(Online)(P&H) 4935

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL, J
Rohit Sheoran and another – Appellant
Versus
Om Parkash and another – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Parminder Singh

VIRINDER AGGARWAL , J. (Oral)

1. Petitioners have assailed the order dated 23.09.2025 passed by learned Executing Court whereby the warrants of arrest of the petitioners have been issued in violation of provisions of Order 21 Rule 37 read with Rule 41 of CPC as no show cause notice has been issued to the petitioners before issuance of arrest warrants.

2. I have heard learned counsel for the petitioners and have gone through the impugned order. The relevant portion of the impugned order reads as under :-

“In absence of any ownership rights of the JDs over any attachable assets, the execution court cannot proceed against the premises under reference or articles, if any, lying kept there. The only appropriate legal course left for recovery of Rs.21,75,000/- along-with interest @ 6% from 23.12.2015 till actual realization of the decreetal sum is by issuing conditional warrants of arrest against Rohit Sheoran and Rahul Sheoran, sons of Shamsher Singh, resident of House No, A4, the Karnal Cooperative Sugar-mills Ltd., Karnal or at their any other place of residence or place of work falling within the territorial jurisdiction of this Court. Ordered, accordingly.”

3. A perusal of the relevant

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