C.R.No.6041 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6041 of 2009. Decided on: October 21, 2009. Sh.Sham Sunder .. Petitioner VERSUS State of Bank of India and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Surinder S. Kaliramna, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) Petitioner is a judgment debtor and has approached this Court by way of a revision petition under Article 227 of the Constitution of India, aggrieved by the order dated 25.09.2009, passed by Civil Judge (Jr.Divn.), Gurgaon, issuing warrant of attachment for sale to seek a money decree executed in favour of decree holders-respondents State Bank of India. Counsel for the petitioner submits that major part of the decree has been satisfied and that the petitioner is ready to deposit the balance of decretal amount due to the decree holders- respondents. . . . 1 C.R.No.6041 of 2009 I have heard counsel for the petitioner and carefully considered the facts and circumstances of this case. The present revision petition seems to be not maintainable as the remedy which is available to the petitioner to challenge the attachment under Order 21 Rule 58 CPC, has not been availed of by the petitioner. This petition is disposed of as pre-mature with liberty to the petitioner to file an application under Order 21 Rule 58 CPC, specifically mentioning the intention of the petitioner to deposit the balance of the amount due with the executing Court. It is made clear that it is for the executing Court to adjudicate on the questions pertaining to the attachment under Order 21 Rule 58 (2) CPC. In case the petitioner is not satisfied with the said adjudication even a statutory appeal under Order 21 Rule 58 (4) CPC, is maintainable. No ground is made out for interference, at this stage. However, in the interest of justice, it is ordered that in case the petitioner deposits the balance of the decretal amount within 7 days, it will be open to the trial Court to withdraw the order of attachment. A copy of order be given dasti on payment of usual charges. (M.M.S.BEDI) JUDGE October 21, 2009. rka . . . 2