IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 1747 of 2009 Date of decision: 11.5.2011 Punjab Wakf Board, Chandigarh … Petitioner versus Mohd. Qurban … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Pawan Kumar, Sr. Advocate with Mr. Saqib Ali, Advocate for the petitioner Mr. S.K.Sharma, Advocate, for the respondent ... ARVIND KUMAR, J: The present petitioner-Punjab Wakf Board, is the judgment-debtor. Respondent-plaintiff’s suit challenging his termination from service with effect from 25.9.1992 was dismissed by the trial Court on 24.12.1997 but the appeal was allowed on 19.11.2001 asking the Board-the present petitioner that they are liberty to hold a regular enquiry against the plaintiff within six months failing which the plaintiff would be entitled to retain the post he was holding at the time of his termination together with all consequential relief flowing due to setting aside his termination order. The enquiry having not been concluded within the said stipulated period of six months, the respondent-plaintiff filed an execution petition which is stated to be pending. During the pendency of the execution petition, the account of the judgment-debtor-petitioner was attached to the extent of Rs.5,50,000/-. On 8.11.2008, the judgment-debtor produced a draft of Rs.1,75,755/- on account of arrears of salary by virtue of the said judgment and decree which was accepted by the decree-holder-respondent under protest, stated to be part payment of arrears of salary. On the said date, a C.R. No. 1747 of 2009 -2- direction was issued to the Principal, Shamshad Ali, to submit calculations of arrears of salary and also a similar direction to the CEO of the Wakf Board. The judgment-debtor submitted calculations showing balance of arrears of Rs.2,90,130/- which was agreed to by the decree-holder and as such, vide order dated 24.1.2009, a direction was issued to release the said amount to the decree-holder. The judgment-debtor in the present revision has challenged both the orders. The only argument that has been advanced is that there had been a collusion between the Principal Shamshad Ali and the decree- holder and wrong calculations were submitted showing a balance of Rs.2,90,130/-. Counsel for the decree-holder, in all fairness, contends that a fresh calculation can be made for arriving at the correct calculations as to the balance amount of the arrears. In this back-drop of the facts, the impugned order dated 24.1.2009 is set aside as also the order dated 8.11.2008 to the extent of attachment of account of the judgment-debtor of Rs.5,50,000/-. The case is remitted back to the executing Court to have calculations from both sides and then to decide the execution petition in accordance with law. The revision petition stands disposed of in the manner indicated above. May 11, 2011 ( ARVIND KUMAR ) JS JUDGE