- (1.) Decree dated 13.08.2007 for recovery of Rs.5,36,597/- passed by Civil Judge [Junior Division], Fazilka is under execution. Vide order dated 12.10.2012, conditional warrants of arrest were issued against the petitioners-Judgment Debtors [JDs]. Vide impugned order, objections of JDs against execution of the decree were dismissed. Various pleas had been raised by the JDs including rate of interest allowed by the Court. Borrowing was made by the JDs from the Decree Holder-bank [DH] on mortgage of other properties, details of which have been elaborately given in the impugned order as well. It is a clear case where JDs though, have sufficient means to satisfy the decree, are avoiding to make payment of the decretal amount.
(2.) Hearing has been provided to counsel for the parties.
(3.) Learned counsel for the petitioners contends that issuance of warrants of arrest when their property mortgaged with the bank is available, impedes provisions of Section 51 as also Rule 37 of Order XXI CPC.;