SWAMI KESHWANAND COLLEGE GRAMMOTHAN VIDHYAPEETH Vs. INDER GYAN POONIA
LAWS(RAJ)-2015-7-222
HIGH COURT OF RAJASTHAN
Decided on July 29,2015

Swami Keshwanand College Grammothan Vidhyapeeth Appellant
VERSUS
Inder Gyan Poonia Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) The petitioner is aggrieved against the order dated 5.4.2014 passed by the Executing Court, whereby the Executing Court has directed attachment of petitioner's property in execution of decree dated 29.8.2011 passed by the Rajasthan Non -Governmental Educational Institution Tribunal, Jaipur ('the Tribunal') The judgment and decree was passed by the Tribunal on 29.8.2011, against which, the Writ Petition and Special Leave Petition filed by the petitioner have already been dismissed by this Court as well as Hon'ble Supreme Court.
(2.) The execution proceedings were initiated by the respondent in the year 2012 and certain objections pertaining to jurisdiction and the fact that proceedings were pending before the High Court were raised and therefore, it appears that the proceedings were stayed before the Tribunal. However, the decree -holder whereafter filed application for further proceedings, which has resulted in the order dated 5.4.2014, whereby the Court has ordered attachment of petitioner's properties.
(3.) It is submitted by learned counsel for the petitioner that the respondent by misconstruing the decree was seeking payment of a sum of more than Rs. 35 lacs and the Executing Court without providing opportunity to the petitioner has ordered for attachment of the properties.;


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