Sangeeta v. Sunita Mittal & Anr.

1. The present petition has been filed by Ms. Sangeeta (wife of judgement debtor) and she is aggrieved by order dated 17.04.2025 whereby the learned Executing Court has directed issuance of non-bailable warrants against her, as well as Mr. Suresh Singh (father of judgment debtor).

2. When the matter was taken up by this Court on the last date of hearing, while issuing notice, the abovesaid warrants were directed to be kept in abeyance.

3. Pursuant to notice, learned counsel for decree holder has appeared and submits that, there was never any endeavour to seek realization of the decretal amount from the wife of the judgment debtor and the Court was compelled to issue notice to her because of the fact that she was not letting the bailiff execute the process and since there was repeated obstruction from her side and since she did not appear before the Court despite specific notices, the learned Executing Court was left with no option but to issue abovesaid coercive process.

4. Learned counsel for petitioner, on instructions, submits that the wife CM(M) 747/2025 2 and father of judgment debtor would personally appear before the learned Executing Court on any date, to be fixed by this Court, and would make their stand clear before the learned Executing Court.

5. Learned counsel for respondent submits that if they undertake to appear, she would have no objection to recalling of coercive process.

6. She, however, submits that when they appear, they should also reveal the whereabouts of judgment debtor which they are deliberately withholding, by making lame excuses that he is out of station.

7. In view of the above, the present petition is disposed of with the direction to Ms. Sangeeta (wife of judgment debtor) and Mr. Suresh Singh (father of judgment debtor) to appear before the learned Executing Court on 01.08.2025 and to apprise the learned Executing Court about the correct facts and also about the whereabouts of judgment debtor, if within their knowledge.

8. On the assurance that they would appear before the learned Executing Court on 01.08.2025, the warrants of arrest stand recalled.

9. Needless to say, once they appear before the learned Executing Court, it will be upto the learned Executing Court to pass further orders, in accordance with law, as it may deem fit.

10. The present petition stands disposed of.

11. A copy of this Order be given dasti under the signatures of Court Master.

JUDGE JULY 24, 2025/ss/pb