Himachal Pradesh High Court
CRMP/1182/2025 of STATE OF H.P. Vs R.L. SHARMA on 24 August 2026
Cooperative Bank Ltd vs State of H.P & Anr. Cr.MP No.1182 of 2025 in Cr.Rv. No.117 of 2011 24.08.2026 Present Mr. Y.P Sood, Advocate, for the applicant/petitioner. Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate
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H.P State Cooperative Bank Ltd vs State of H.P & Anr.
Cr.MP No.1182 of 2025 in Cr.Rv. No.117 of 2011
24.08.2026 Present Mr. Y.P Sood, Advocate, for the applicant/petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals, for the respondents-State.
Cr.MP No.1182 of 2025 in Cr.R. No.117 of 2011
By way of the instant application, a prayer has been made on behalf of the applicant for recalling order dated 01.12.2016 (Annexure P-2) passed by this Court in Criminal Revision No.177 of 2011, whereby, this Court having noticed that respondent No.31, who is respondent No.2 in the application, was not putting his appearance despite his having been served, proceeded to direct the District Collector, Shimla, to attach the property of afore respondent, details whereof are given in Para No.3 of the application No.1344 of 2016.
Since after passing aforesaid order dated 01.12.2016, which is sought to be recalled in Criminal Revision Petition No.117 of 2011 came to be finally disposed of vide judgment dated 11.07.2022 (Annexure A-1), coupled with the fact that the Competent Court of Law at Delhi has already decreed the suit of the applicant and thereafter the decree was transferred to Court of learned District Judge, Shimla, H.P and thereafter transferred to Court of learned District Judge, Mandi, H.P for execution, prayer made on behalf of the applicant deserves to be allowed. Very purpose and object of passing order dated 01.12.2016 was to ensure presence of respondent No.2 namely Anil Kapoor in Criminal Revision No.117 of 2011 and afore revision petition has been disposed of, coupled with the fact that the property which was ordered to be attached is now subject matter of the execution petition bearing No.15 of 2025 pending before learned District Judge, Mandi, this Court sees no impediment in the recalling of order dated 02.12.2016 passed in Criminal Revision No.117 of 2011, as a result thereof, Revenue Authorities are directed to release the property from the attachment, enabling the applicant to file appropriate application before learned District Judge, Mandi in the execution proceedings for attachment of same property, if required.
Application stands disposed of.
(Sandeep Sharma) Judge August 24, 2026 (meera)