1. The submission advanced by learned counsel for the petitioner is that due to covid-19 period, petitioner could not run the business and his business having run into loss, he directed his representative Sri Manish Chaudhary to handover the premises in question to the landlord by removing all the materials and articles lying there but he colluded with the landlord and got a decree of eviction and recovery of arrears of rent and damages passed against the petitioner.

2. It is submitted that the petitioner has already lodged a first information report against Manish Chaudhary for fraud and cheating in which charge sheet has also filed. Learned counsel for the petitioner submits that no sooner did he come to know about the pendency of execution proceeding in respect of judgment and decree dated 07.10.2022, he has filed his objections under Section 47 of C.P.C. along with stay application but the same has remained undisposed of and now the arrest warrant has been issued against him for not paying the decretal amount which was Rs. 8,43,763/- on 07.10.2022 along with interest @ 18%. He submits that even the rate of interest is too excessive.

3. Considering the submissions advanced by learned counsel for the petitioner and the fact that he has already proceeded against Manish Chaudhary, his aid, coupled with the fact that he has also filed an objection under Section 47 C.P.C., it is hereby provided that petitioner's objections filed under Section 47 C.P.C. shall be considered and disposed of on its own merit by the executing court within a maximum period of three months of production of certified copy of this order,provided of course petitioner deposits Rs. 16 lacs towards the satisfaction of decree within a period of 30 days from today. The deposit shall be made before the executing court which shall be released in favour of the landlord-decree holder and in the circumstances the warrant of arrest issued by the District Judge, Aligarh dated 18.05.2024 shall remain in abeyance until the disposal of objection filed by the petitioner under Section 47 C.P.C. that has been registered as Misc. Case No. 348 of 2024.

4. However, in the event petitioner fails to deposit the amount of Rs. 16 lacs, as directed herein above, the interim stay granted against the order dated 18.05.2024 shall cease to operate and the executing court will be free to enforce its order dated 18.05.2024.

5. With these observations and directions, this petition stands disposed of.