Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for quashing/setting aside the impugned order dated 25.11.2009, Annexure P5.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Executing Court. The impugned order passed by learned Executing Court, Annexure P5, reads as under: Payment in the sum of Rs. 14,89,815.39 paise not deposited by the JD. Adjournment prayed on the ground that neither Administrator, Haryana Urban Development Authority, at Hisar, nor Estate Officer of sub -ordinate Office, are in capacity to deposit the payment in the Court. At the same time, Jds filed objection pointing certain clerical mistake in the report of the Arbitrator filed in the court on 20.4.2009. Copy supplied to the opposite counsel. If treating the report of the arbitrator as it is, there is tiny dispute. Decree -holder is directed to file reply to even date application on 12.1.10. Meanwhile, Jds are directed to deposit at least Rs. 14 lacs in the court on or before date fixed, failure to which, Administrator, Haryana Urban Development Authority, at Hisar, will appear in person in the Court and explain source from where to satisfy the decree. Copy of this order be sent immediately to Administrator, Haryana Urban Development Authority, at Hisar.
(3.) IT has been contended by learned Counsel for the Petitioner that objection to the report of the Arbitrator, who was appointed for calculation of the amount due from Petitioner to Respondent -decree holders was filed by Petitioner -judgment debtor, which is Annexure P4 and, however, without deciding the said objection, learned Executing Court had directed the Petitioner -judgment debtor to deposit a sum of Rs. 14 lacs in the Court on or before the date fixed.;