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(2025) Law Today Live Doc. Id. 20677 = 2025:PHHC:178642
Decided on: 24.12.2025
Present:
Mr. Anil Chawla, Advocate for the petitioner.
Code of Civil Procedure, 1908 (V of 1908), Section 60, Order 21 Rule 46A, 46B – Attachment of Bank account -- Executing Court ordered for attachment of only one Bank Account -- Subsequent attachment of another account of the Judgment Debtor without any specific order is clearly not in consonance with the Court’s directions -- Attachment of the latter account revoked.
(Para 3)
Cases referred:
1. National Institute of Food Technology Vs. Bajaj Process Pack Ltd., CR-9646-2025 decided on 22.12.2025.
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VIRINDER AGGARWAL, J. (ORAL) –
1. The present revision petition is filed under Article 227 of the Constitution of India, seeking to set aside the order dated 29.11.2025, whereby, without adjudicating the objection petition, the Executing Court adjourned the case for filing the list of properties. Further, by order dated 08.12.2025, the Court directed the attachment of the bank account, and subsequently, by order dated 17.12.2025, the account was attached and warrants were issued for the attachment of two accounts. However, as per the order, only one account, bearing No. 31992122677, was to be attached, whereas the warrants of attachment were erroneously issued not only in respect of that account but also in respect of another account bearing No. 39648762590.
2. Learned counsel for the petitioner submits that the interest of the petitioner would be adequately protected if only the account specified in the order dated 08.12.2025, bearing No. 31992122677, is attached, and that the account attached without any order, bearing No. 39648762590, may be released from attachment. Further, students should be allowed to deposit their fees into the attached account so as not to face any inconvenience.
3. Considering that the order dated 08.12.2025 directed attachment of only one account, the subsequent attachment of another account of the Judgment Debtor without any specific order is clearly not in consonance with the Court’s directions. In view of the above, the attachment of the latter account is revoked, and the students shall be permitted to deposit their fees into the attached account, which shall not affect the interest of the Judgment Debtor while simultaneously assisting in safeguarding the amount claimed in the execution petition.
4. Petition is disposed of with direction to the learned Executing Court to dispose of the objection petition at the earliest, in strict accordance with the directions previously issued by this Hon’ble Court in CR-9646-2025, titled as National Institute of Food Technology Vs. Bajaj Process Pack Ltd. decided on 22.12.2025. It is further requested that the objections raised in the execution petition be adjudicated and disposed of expeditiously, preferably within a period of two months from the date already fixed before the Executing Court, so as to ensure that the parties do not suffer any further prejudice due to delay and that the execution proceedings are concluded in a fair and timely manner.
Order accordingly.
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