IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1175 of 2009 (O&M) Date of Decision: 3.3.2009 Amandeep Singh ....Petitioner Versus M/s Rajesh Kumar Ashok Kumar and another ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Sanjiv Gupta, Advocate for the petitioner. RAJESH BINDAL J After arguing the case at some length learned counsel for the petitioner restricted his prayer to the grant of further time for furnishing the bank guarantee as was directed to be furnished by the learned Court below vide order dated December 19, 2008. As the prayer made is innocuous, I do not deem it proper to issue notice to respondents as the same would unnecessarily delay the proceedings. Decree for Rs. 1,59,316/- was passed against the petitioner on June 14, 2008 along with interest. On October 25, 2008, the petitioner filed application for setting aside the ex-parte decree. Execution filed by the respondent No.1/decree-holder was also pending. In an application for stay of execution during the pendency of the application for setting aside of ex-parte decree vide order dated December 19, 2008, learned Court below directed the petitioner to furnish bank guarantee of Rs. 1,50,000/-. The same having not furnished before the next date i.e. January 31, 2009, the Court directed for separation of the execution proceedings and ordered the issuance of warrants of attachment. Learned counsel for the petitioner submitted that he could not arrange for the bank guarantee before the date granted by learned Court below and he undertakes to furnish the same on or before March 31, 2009. As the order passed by the learned Court below on December 19, 2008, is sought to be complied with by the petitioner with extension of time, I deem it appropriate to grant that time to the petitioner as his application for setting aside of ex-parte decree is pending. Accordingly, the petitioner may now furnish the bank guarantee on or before March 31, 2009. On his doing so, the proceedings in the execution shall remain stayed. However, in case of failure the Court shall proceed in terms of the order already passed on January 31, 2009. The revision petition is disposed of. (RAJESH BINDAL) 3.3.2009 JUDGE Reema