G.S SANDHU Vs. GEETA AGGARWAL

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India impugns the order dtd. 13/8/2019 passed by the District Judge, Patiala House Courts in Execution No.5359/2016, whereby the petitioners, being the directors of M/s. Silver Fern Hotels Private Limited [hereinafter 'judgment debtor company '] have been directed to file affidavits of assets in pursuance of the judgment of this Court in Bhandari Engineers and Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture and Ors., 227 (2016) DLT 302.

(2.) The issue involved in the present petition was formulated by this Court in the order dtd. 20/9/2019 while issuing notice in the present petition, viz., whether directors of a company can be directed to file affidavits of their assets in an execution petition. Pursuant to directions passed by this Court, written submissions have been filed on behalf of the petitioners and the respondent/decree holder.

(3.) Brief facts to the extent relevant for deciding the present petition are set out below: