IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No. 4969 of 2007 (O&M) Date of decision March 10, 2009 Jakir Hussain ....... Petitioner Versus Indian Bank and others ........Respondent CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Sanjiv Gupta, Advocate for the petitioner. Mr. Alok Jagga, Advocate for respondent No.1. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J(oral) 1. The revision was against the order dismissing application for restoration of objections filed by the judgment debtors after the dismissal of the application on 9.6.2007. The Executing Court set down the process for sale by its order dated 18.8.2007. 2. The revision petitioner's contention was that the Bank was trying to execute the decree without reference to the several Reserve Bank of India Guidelines and the execution petition itself was not maintainable in advancing a claim more than what the Bank is entitled to. The learned counsel for the respondent-Bank states that the objection filed by the Judgment debtor before the Executing Court would be permitted to be taken on file and examined on its merits and accordingly states that he will have no objection if the Civil revision is allowed and the objection taken by the Judgment debtor is considered and the suitable orders will be passed in the process of execution. While this statement on the respondent ought to have clearly convinced the revision petitioner that there was nothing further to argue the learned counsel for the petitioner strenuously contends that the by the respondent is not reasonable and that several other aspects which have gone into before this Court are sought to be shoved under carpet, as it were and that the Bank was trying to revive its execution proceedings without taking into account several payments which the judgment debtor has made before the Executing Court and before this Court when the Civil revision was pending. 3. I am not prepared to join issues on any of the contentions raised by the judgment debtor regarding the executability of the decree or what is the amount payable by the judgment debtor or whether the decree holder is claiming amounts only as per the Reserve Bank of India guidelines. The Executing Court shall not go outside the terms of the decree. The decree shall stand executed subject to any defence that may possible for a judgment debtor on any change of law or consideration which would enable the judgment debtor a defence against putting the decree other than how it is drafted. If the judgment debtor has made any payment or any claim by the decree holder is not reasonable in the manner sought for in the execution petition, all the aspects will be gone by the Executing Court while receiving the objections of the judgment debtor. The Executing Court will take note of any payment which had been subsequently made after filing of the execution petition which are duly certified. Any further process in execution will follow only after the determination of the objections which have been raised by the judgment debtors before the Executing Court. 4. Subject to above, the Civil revision petition is allowed. (K. KANNAN) JUDGE March 10, 2009 archana