Interim Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Execution (COMM) No.: 131/24
Janki Enterprises
v.
Mangalmay Radhey International and another
03.7.2025
Present: Mr. Anuj Tyagi, Advocate for the decree holder through
Cisco Webex Meetings.
Mr. Sandeep Mandar, Advocate for the judgment debtors
Nos. 1 and 3 through Cisco Webex Meetings.
It is submitted by counsel for the judgment debtors Nos. 1
and 3 that on the last date the judgment debtors engaged another
counsel, but thereafter, they re-engaged him as their counsel in this case.
An application under section 24 of CPC made on behalf of
the judgment debtor No. 1 on the last date for transfer of the matter to
other court is pending. Heard. It is submitted by counsel for the
judgment debtor No. 1 that the judgment debtors want to withdraw the
said application. Power to transfer the present matter to other court does
not lie with this court. Since the application is not maintainable before
this court, therefore, the same is dismissed.
Another application under section 151 of CPC made on
behalf of the judgment debtor No. 1 for setting aside the order dated
02.5.2025 is also pending. Heard. It is submitted by the judgment
debtors Nos. 1 and 3 that the judgment debtors do not want to pursue the
application and the same may be dismissed. Since the judgment debtor
Contd...
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No. 1 has failed to show any ground for setting aside the order dated
02.5.2025, which has been passed after due consideration, therefore, the
application under section 151 of CPC made on 31.5.2025 is dismissed.
An application under Order XXI Rule 41(2) read with
section 151 of CPC made on behalf of the decree holder for directing the
judgment debtors Nos. 1 to 3 to file affidavit of their assets and income
is pending. After hearing counsel for the parties the said application is
allowed and in view of the provisions of Order XXI Rule 41(2) the
judgment debtors Nos. 1 to 3 are directed to file their assets and
properties affidavit.
Put up for filing of assets and properties affidavit by the
judgment debtors Nos. 1 to 3 and consideration on the application of the
decree on 25.7.2025.
(MANOJ KUMAR-1)
District Judge (Commercial Court)-05
(Central)/ THC/ Delhi/ 03.7.2025
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