Bivas Pattanayak, J. :-

1. The instant execution case has been filed by the plaintiff-decree holder against the defendant-judgment debtor for execution of a decree dated 24th March, 2021 for a sum of Rs.12,54,607.68/-.

2. In its affidavit in support of tabular statement the decree holder contends that the judgement-debtor holds immovable property namely an office at Golpark Co-operative Housing Society, Flat no. 13/B2, 4th Floor, 49C, Govindapur Road, Lake Gardens (near Jodhpur Market), Kolkata-

2

700068 and operates bank account at UCO Bank, Park Circus Branch, Kolkata-700014.

3. The judgement debtor through its partner filed its affidavit of assets who contends that he possesses the above mentioned flat and the bank account.

Present revision petition is directed against order dated 3rd of May, 2024 passed by Civil Judge (Junior Division), Rohtak whereby application filed by the defendants under Order VII, Rule 11 CPC read with Section 151 CPC seeking rejection of the plaint, stands dismissed.

2. For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the petitioners as the defendants and respondent No.2 as the plaintiff.

1 of 8 Neutral Citation No:=2024:PHHC:144672

3. Respondent/plaintiff filed suit seeking declaration to the effect that order passed by Divisional Canal Officer, Rohtak Water Services Division, Rohtak, dated 7th of March, 2017 sanctioning water course AB be declared illegal, null, and void. Further prayer was for decree in form of permanent injunction restraining the respondents from digging the water course.

1. This is an criminal appeal under section 341 Cr.PC preferred by the appellant/ applicant against the impugned order dated 31.01.2020 passed by Court of Chief Metropolitan Magistrate SED/Saket Court, New Delhi whereby the application of appellant/applicant moved u/s 340 Cr.P.C. r/w Section 195(1)(b) Cr.P.C. was dismissed.

GROUNDS OF APPEAL

2. The grounds cited by the appellant against the impugned order are as under :

A. Because the Ld. Trial Court duly appreciated the fact that the Respondent Bank concealed the fact regarding the Appellant being in possession of the said property, and yet, in utter disregard of the prejudice caused to the Appellant due to such concealment, regarded the same as being non violative of the principles of natural justice.

This writ petition has been filed challenging the order passed by the second respondent dated 10.10.2023, thereby partly allowed the complaint filed by the fifth respondent and ordered to pay a sum of Rs.25,000/- per month, in favour of the fifth respondent.

2. The petitioner is the son of the fifth respondent and the respondents 6 & 7 are the daughters of the fifth respondent. The fifth respondent got married one Kala and gave birth to the petitioner and the https://www.mhc.tn.gov.in/judis respondents 6 & 7 herein. The property ad measuring 493 sq.ft., situated at Door No.7/1, 9th lane, Narayan nayakkan Street, Pudupet, Chennai, was settled in favour of the fifth respondent by his father. It consists ground floor plus 2 floors. In the ground floor, there is an yarn company and employees are staying in the said premises. The fifth respondent's wife owned property at Chintadripet, in which the petitioner is receiving the rent of Rs.25,00,000/- per month. The petitioner is doing his business in the Chintadripet house.

This writ petition has been filed challenging the order passed by the first respondent dated 15.03.2024, thereby confirming the order dated 12.06.2019 passed by the second respondent, thereby rejecting the complaint lodged by the petitioner and to direct the third respondent to provide all amenities to the petitioner including food and shelter and also restrain the third respondent from torturing the petitioner and his wife.

2. The petitioner is the father and the third respondent is the son. The petitioner got married one Girija and gave birth to the third respondent and one daughter. While he was in service in the police department, he had purchased a property ad measuring 4½ cents comprised in Survey No.665/1B and 665/2 part situated at Echanari, Near Ammal Temple, Kurichi Village, Madhukarai Taluk, Coimbatore, https://www.mhc.tn.gov.in/judis by a registered sale deed dated 29.01.2010, bearing document No.446/2010. Thereafter, he constructed a house and was residing there.

These two writ petitions have been filed by the same petitioner based on the same fact situation and as such, both the matters were heard together and are being disposed of by this common order.

https://www.mhc.tn.gov.in/judis W.P.Nos.2751 and 9303 of 2020

2. The petitioner herein was initially appointed as 'Grade-II, Police Constable' in TSP-I Battalion, Trichy and thereafter, the petitioner was transferred to District Armed Reserve Perambalur District and in the year 2004, he was transferred to District Armed Reserve Nagapattinam District and thereafter, he was transferred to Taluk Police Establishment in the year 2010 and then he was upgraded as ‘Grade I, Police Constable’ in the year 2006 and further upgraded as 'Head Constable' in the year 2011. The petitioner also claimed to have received 16 rewards for his performance and there were no adverse remarks against the petitioner through out his service.

This writ petition is filed seeking mandamus to direct the respondents to extend the petitioners an opportunity to exercise option notionally with effect from 1.8.2003 or any subsequent dates based on the date of cession of service, in any event as per the 9th bipartite settlement.

2. The facts in brief in this writ petition are that the petitioners were originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with the 1st respondent Bank under the Scheme of amalgamation sanctioned by the Reserve Bank of India with effect from 10.03.2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of https://www.mhc.tn.gov.in/judis ICICI Bank Limited however, all the service conditions of the employees were protected.

1. The present petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act'), by the original claimant seeking to quash and set aside the arbitral award dated 4th February 2022, passed by the sole arbitrator. FACTS

2. On 5th May 2016, a tender was published by the Divisional Railway Manager (Mechanical), Central Railway, Mumbai (for short 'Railways') towards the work of Pest and Rodent Control, in railway Diksha Rane 24. ARBP 43-23-FINAL.doc passenger coaches maintained at CSTM, WB, MZN, DRT and LDT, Coaching Depots and Rodent Control in Coaching Depots yard and premises. The petitioner participated in the tender process and on 7 th June 2016, was declared as the successful bidder. Accordingly, the contract work of the said tender was awarded to the petitioner, for an amount of Rs.1,96,32,255/-. The contract period was for three years i.e. from 30th November 2016 to 29th November 2019.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The present petition in terms of Section 482 Cr.PC came to be preferred by the petitioner namely Farooq Ahmad Dar through his brother Ali Mohammad Dar.

At the motion stage this Court vide order dated 17.11.2023, called upon the petitioner to address regarding maintainability of the present petition. thereafter, none has turned up for further prosecution of the case.

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Petitioners are co-accused in Special Case No.741 of 2024 pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural, Bengaluru.

2. Heard Sri Mayur D Bhanu, learned counsel for petitioner and Smt Rashmi Patil, learned High Court Government Pleader for respondent.

3. This Court, qua two of the accused i.e., accused Nos.23 and 69 in W.P.No.29510 of 2024 disposed on 4-11- 2024 has held as follows:

"........

- 14 -

NC: 2024:KHC:45326 Against the petitioners, non-bailable warrant is issued as is issued against several of the accused who were not present. Whether a non-bailable warrant could be issued or not for securing the presence of the accused, need not detain this Court for long or delve deep into the matter. The Apex Court in the case of TARSEM LAL V. ENFORCEMENT DIRECTORATE reported in (2024) 7 SCC 61, considers the very issue and holds as follows:

FAT 191 of 2020.

Mr. Sudvasattva Banerjee Mr. Shounak Mukherjee, Mr. Shubradip Roy, Advs.

..........for the appellant/ plaintiff/decree holder in FAT 191 of 2020 and for the respondent in FAT 194 of 2020.

2

1. Heard learned Counsel for the parties. The matter arises out of a judgment on admission passed by the Trial Court and the consequential decree.

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