AUTO TRACTORS LTD Vs. G S BAJWA

JUDGEMENT

(1.) There was an order for recovery of Rs.83,190/against M/s. Auto Tractors Ltd. , New Delhi. On 26.2.96, warrants of arrest were issued by the District Forum, Union Territory, Chandigarh, in the recovery proceedings. Aggrieved against it, Ramesh Sipani approached this Commission. A perusal of the impugned order dated 26.3.96 shows that the specific name of Ramesh Sipani does not find mention therein. It shall be useful to refer to prayer made in this appeal and it is reproduced as under : "it is, therefore, respectfully prayed that the execution/issuance of arrest warrant and arrest of Sh. Ramesh Sipani, thereof may kindly be stayed in the interest of justice and law of equity till the decision and final disposal of application for setting-aside ex-parte order. It is further prayed that the District Forum may kindly be directed not to activate the execution proceedings and the issuance of warrants of arrest of Ramesh Sipani thereof. AND any other relief for which the appellant/ opposite party is entitled for may kindly be granted in the interest of justice and law of equity. "

(2.) The learned Counsel for the respondent has pointed out that a revision preferred by M/s. Auto Tractors Ltd. (Revision Petition No.339 of 1996) was dismissed on 26.9.96. It related to the main order of the District Forum.

(3.) After considering all these aspects we dispose of the present appeal/revision by holding that the District Forum may not issue warrants against Ramesh Sipani in execution proceedings till his application challenging ex-parte proceedings are finally decided there.