CR No.4052/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.4052/2011(O&M) Date of decision:25.7.2011 Indu Bala and another ....................Petitioners v. M/s Indusind Bank Limited ......................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.RS Mamli,Advocate for the petitioners. Jaswant Singh.J.(Oral) Petitioners/JDs in the present revision petition under Article 227 of the Constitution impugn the award dated 10.6.2011 passed by the learned Executing Court dismissing the application of JDs for depositing the awarded amount in monthly instalments. Heard learned counsel for the petitioners. From the pleadings it is not discernible as to on what date a loan of Rs. 8,81,000/- was taken for getting a truck financed by the JDs or/and as to on what date the Arbitrator had passed an award fastening the liability of the Jds, having defaulted in payment of the equated CR No.4052/2011(O&M) 2 monthly instalment. It is further apparent from the impugned order that the petitioners/JDs, at one stage had issued a cheque of Rs. 5 lacs towards the outstanding liability which was dishonoured and they are facing prosecution under the Negotiable Instruments Act. It is also apparent from the record that there is huge amount outstanding against the petitioners/JDs who on one pretext or the other are refusing to adhere to any schedule of payment. It is also admitted that no payment towards loan has been made since much prior to the passing of the award. At this stage the property of the petitioners has already been attached and the same is fixed for auction on 19.8.2011. It is evident that the JDs/petitioners had sufficient opportunities and time to satisfy the award but they have chosen to avoid payment on one pretext or the other. Learned counsel for the petitioners has tried to invoke the sympathy of the Court by urging that the marriage of the daughter of the petitioners is fixed in November 2011 and therefore, some indulgence be shown by permitting the payment of outstanding liability by way of instalments and further staying the auction of the house. I find the plea being raised untenable. It appears that earlier also a prayer to pay the outstanding amount by way of monthly instalment of Rs.20,000/- was made when the question for issuance of warrants of arrest of the petitioners/JDs had arisen but no such instalments were paid. Even otherwise the petitioners/JDs to show their bona fides have not brought anything on record. CR No.4052/2011(O&M) 3 Keeping in view the facts and circumstances of the case, I find no ground to interfere in exercise of jurisdiction of this Court under Article 227 of the Constitution. Dismissed. 25.7.2011 (Jaswant Singh) joshi Judge