1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5596 of 2009 PETITIONERS : Narayandas S/o Sitaram Rathi Aged about 70 years, Occu. Nil R/o Nimbi (Pardi), Tal. Pusad, Dist. Yavatmal. ..VERSUS.. RESPONDENTS : Ramvilas S/o Kisanlal Soni, Aged about 65 years, Occu. Business, R/o Navin Pusad, Tah. Pusad, Dist. Yavatmal. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 18, 2010. Heard finally by consent of the parties. The contention of learned Advocate Mr. C.A.Joshi for the petitioner is that the petitioner is being sent to civil prison directly by the impugned order dated 29th September, 2009, passed below Exh.54, in Regular Execution No. 100 of 2000, by overlooking the law as settled by the Hon'ble Apex Court in the case of Jolly George Verghese and another ..vs.. The Bank of Cochin, reported in A.I.R. 1980 Supreme Court 470, particularly paragraph 11. Learned Advocate Mr. N.R.Saboo for respondent, on the other hand, states that it is only a Production Warrant and application of mind on point as contemplated by the Apex Court 2 will be on the date on which the petitioner is produced before civil court. If on that date, the Court finds that there is any deliberate refusal by the petitioner to discharge his debt liability or any malafides, the Court will pass appropriate orders. Perusal of impugned order shows that it has directed warrant to be issued to keep the petitioner in civil prison on payment of subsistence allowance and P.F. However, in view of the submission made by learned counsel for the respondent, it is made clear that in response to said order, the petitioner will remain present before the executing Court on 29th March, 2010 and on that date, the Court will apply it's mind in accordance with law stated above, after hearing the respective parties and then pass further appropriate orders in the matter. It is also made clear that the decision whether to send the petitioner in civil prison or not, shall be reached independently by the executing Court, after hearing the respective parties, uninfluenced by the observations made by this Court in the order. The impugned order is modified and clarified to that extent. With this modification and clarification, the writ petition is disposed of. No order as to costs. JUDGE Diwale