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EX - EXECUTION

M/S DUA ENTERPRISESVsM/S BALAK NATH TEXTILES AND ANR.

CNR DLCT010106272023329-District Judge
CASE DISPOSED
Uncontested--TRANSFER CERTIFICATE SENT
Decision Date: 28th May 2024

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
711/2023
Registration Date
05 Aug 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Execution Act 1990 · Sec 517

    Case History / Proceedings

    Case History
    Date: 05-08-2023
    Business: Ld. P.O. is on Leave today. Fresh execution petition received by way of assignment. As per directions of Ld. P.O., put up for consideration at 12.00 Noon.
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Put up for further proceedings.
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Put up for further proceedings.
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Nazir is directed to file his report. At request, put up for further proceedings.
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 17-11-2023
    
    Date: 17-11-2023
    Business: dp
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Vakalatnama as well as authority letter has been filed on behalf of JD. Issue court notice to the concerned bank. Put up for further proceedings.
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: Issue show cause notice to the concerned bank with directions to comply with the order dated 23.01.2024. Put up for further proceedings.
    Next Purpose: Misc. cases/purpose
    Next Hearing Date: 30-03-2024
    
    Date: 30-03-2024
    Business: Put up for reply and arguments om the application for transfer of the present execution petition.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: The concerned official from Dena Bank has filed statement of accounts. At request, put up for purpose fixed.
    Next Purpose: Misc. Arguments
    Next Hearing Date: 22-05-2024
    
    Date: 22-05-2024
    Business: Reply on behalf of the JD to the application of DH for transfer of execution petition has been filed. Arguments are heard on the application. Put up for clarifications, if any/orders.
    Next Purpose: Order
    Next Hearing Date: 28-05-2024
    
    Date: 28-05-2024
    Business: TC Allowed
    Nature Of Disposal: TRANSFER CERTIFICATE SENT
    Disposal Date: 28-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 6482/2023
    Filing Date: 04-08-2023
    First Hearing Date: 05th August 2023
    Decision Date: 28th May 2024
    Court Number And Judge: 329-District Judge

    Orders

    21
    Final Order 11Full order available
    28 May 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: EX 711/23 M/S DUA ENTERPRISES Vs M/S BALAK NATH TEXTILES AND ANR. 28.05.2024 Present: Sh. Aman Kumar, Ld. Counsel for DH (through VC). Sh. Tariq Farooqui, Ld. LAC for JD alongwith JD in person. An application has been filed by the DH seeking issuance of transfer certificate in respect of the decree dated 04.02.2019, passed by the Court of Ld. ADJ-14, Central, THC in CS DJ No. 3504/2017 on the ground that…

    Read Full Order
    Interim Order 10
    22 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    22.05.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH through VC.
    Sh. Tariq Faruqui, Ld. LAC for the JD alongwith JD in
    person.
    Reply on behalf of the JD to the application of DH for
    transfer of execution petition has been filed. Same is taken on record.
    Arguments are heard on the aforesaid application.
    Put up for clarifications, if any/orders on 28.05.2024.
    (Abhishek Srivastava)
    District Judge-05,
    Central, THC, Delhi
    22.05.2024(sr)
    -- 1 of 1 --
    Interim Order 9
    04 May 2024
    Order Details: COPY OF ORDER
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    04.05.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    Sh. Tariq Faruqui, Ld. LAC for JD.
    Sh. Sunil Kumar, Clerk, Dena Bank, Sabzi Mandi
    Branch, Delhi (in response to the show-cause notice
    issued on 30.03.2024).
    At the outset, Ld. Counsel for JD seeks adjournment
    stating that JD is not available today due to death of some relative of
    JD.
    The concerned official from Dena Bank has filed
    statement of accounts pertaining to Account No. 012913023860 of JD.
    He submits that the said account has already been closed in the year
    2016.
    Nazir in compliance of order dated 30.03.2024 has filed
    his report.
    It is stated in the report that as per record, the JD has not
    made any payment to the DH in the present execution petition. It is
    further stated in the report that DH has not filed any other execution
    petition in this Court.
    At request, put up for purpose fixed on 22.05.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    04.05.2024
    -- 1 of 1 --
    Interim Order 8
    30 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    ANDANR.
    30.03.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    Sh. Tariq Faruqui, Ld. LAC for JD alongdwith JD in
    person.
    An application for transfer of the present execution
    petition has already been filed on 12.03.2024 on behalf of DH. Copy
    of the same has been supplied to Ld. Counsel for JD.
    Ld. Counsel for the JD submits that he wants to file reply
    to the said application.
    Accordingly, put up for reply/arguments on the aforesaid
    application on 04.05.2024.
    Nazir is directed to file his report as to whether any part
    of the decree dated 04.06.2019 passed in CS DJ No. 3504/2017 has
    been satisfied within the jurisdiction of this Court either in the present
    execution petition or in any other execution petition, if any, filed by
    the DH.
    As per report available, despite service of show cause
    notice to the concerned bank, no one has appeared from the concerned
    bank. Accordingly, issue fresh show cause notice to the concerned
    bank for next date of hearing with directions to comply with the order
    dated 23.01.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    30.03.2024(kd)
    -- 1 of 1 --
    Interim Order 7
    11 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    11.03.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    JD in person.
    At the outset, JD submits that his counsel is not available
    as he is not well.
    As per report available, Court notice issued in terms of
    order dated 23.01.2024 has been served to the concerned bank i.e.
    Dena Bank. Despite service, no one is present from the concerned
    bank.
    Accordingly issue show cause notice to the concerned
    bank with directions to comply with the order dated 23.01.2024.
    Put up for further proceeding on 30.03.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    11.03.2024(kd)
    -- 1 of 1 --
    Interim Order 6
    23 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    23.01.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    Sh. Tariq Faruqui, Ld. LAC for the JD alongwith JD in
    person.
    Vakalatnama as well as photocopy of authority letter has
    been filed on behalf of JD. Taken on record.
    As per report, warrants issued in terms of order dated
    17.11.2023 to the concerned bank for attachment of bank account of
    JD has been received back as served. However, no report has been
    received from the concerned bank in that regard.
    Issue Court notice to the concerned bank to apprise this
    Court regarding attachment of the bank account bearing
    no. 012913023860 of the JD for the next date of hearing. Concerned
    bank is to also place on record the bank statement of the concerned
    account of the JD for last two years.
    Ld. counsel for JD submits that he needs some time to go
    through the file as he has been newly engaged in the present matter.
    Put up for further proceeding on 11.03.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    23.01.2024(kd)
    -- 1 of 1 --
    Interim Order 5Full order available
    17 Nov 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: EX 711/23 M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND ANR. 17.11.2023 Present: Sh. Aman Kumar Singh, Ld. Counsel for DH alongwith DH in person. Sh. Deepak Arora for himself and also for proprietor M/s Balak Nath Textiles. Nazir in compliance of order dated 26.10.2023 has filed his report stating that the address of the JD does not fall within the jurisdiction of this Court. At this stage, Ld. Counsel for…

    Read Full Order
    Interim Order 4
    26 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH
    TEXTILES AND ANR.
    26.10.2023
    Present: Sh. Aman Kumar Singh, Ld. Counsel for DH
    alongwith DH in person.
    Sh. Deepak Arora for himself and also for
    proprietor of M/s Balak Nath Textiles.
    JD submits that his counsel is not available
    today and sought an adjournment on this ground.
    Queries asked with Ld. Counsel for DH
    regarding jurisdiction of this court.
    Nazir has not filed his report in terms of
    order dated 24.08.2023. Nazir is directed to submit the
    report in terms of order dated 24.08.2023. Nazir to further
    report whether the JD is residing within the jurisdiction of
    this court or whether he has properties lying in this court's
    jurisdiction as per record.
    Put up for further proceedings on 17.11.2023.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    26.10.2023(sr)
    -- 1 of 1 --
    Interim Order 3
    07 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    ANDANR.
    07.10.2023
    Present: Sh. Aman Kumar Singh, Ld. Proxy counsel for
    Sh. Manu Gupta, Ld. Counsel for DH.
    Sh. Deepak Arora for himself and also as proprietor
    of M/s Balak Nath Textiles.
    In response to the notice issued on 24.08.2023, JD
    has appeared today. He submits that his counsel is not available
    today and has sought a short adjournment.
    Accordingly, put up for further proceedings on
    26.10.2023.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    07.10.2023(kd)
    -- 1 of 1 --
    Interim Order 2
    24 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    ANDANR.
    24.08.2023
    Fresh execution petition was received by way of
    assignment on 05.08.2023. It be checked and registered.
    Present: Sh. Aman Kumar Singh, proxy counsel for DH.
    Nazir is directed to submit the report on the
    following points:-
    1. Whether any part of the decree dated 04.02.2019, passed
    by Ld. ADJ-14(Central) in CS DJ No.3504/2017 has been
    satisfied within the jurisdiction of this Court either in the present
    execution petition or in any other execution petition, if any, filed
    by the DH qua the aforesaid decree;
    2. Whether any Order either staying the operation of the
    decree or setting aside the same has been received in the present
    case from any superior Court.
    Put up for further proceedings on 07.10.2023. In the
    meantime, notice of the present petition be issued to JD on filing
    of PF and RC alongwith copy of petition and documents within 7
    days from today.
    (ARUN KUMAR GARG)
    Addl. Distt. Judge-05,
    Central, THC, Delhi(sr)
    24.08.2023
    -- 1 of 1 --
    Interim Order 1
    05 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX. 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    AND ANR.
    05.08.2023
    Ld. P.O. is on leave today.
    Fresh execution petition received by way of
    assignment.
    Present: Sh. Manu Gupta, Ld. Counsel for DH through VC.
    As per directions of Ld. P.O., put up for
    consideration on 24.08.2023 at 12:00 noon as requested.
    (READER)
    05.08.2023
    -- 1 of 1 --
    Order 10
    22 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    22.05.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH through VC.
    Sh. Tariq Faruqui, Ld. LAC for the JD alongwith JD in
    person.
    Reply on behalf of the JD to the application of DH for
    transfer of execution petition has been filed. Same is taken on record.
    Arguments are heard on the aforesaid application.
    Put up for clarifications, if any/orders on 28.05.2024.
    (Abhishek Srivastava)
    District Judge-05,
    Central, THC, Delhi
    22.05.2024(sr)
    -- 1 of 1 --
    Order 9
    04 May 2024
    Order Details: COPY OF ORDER
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    04.05.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    Sh. Tariq Faruqui, Ld. LAC for JD.
    Sh. Sunil Kumar, Clerk, Dena Bank, Sabzi Mandi
    Branch, Delhi (in response to the show-cause notice
    issued on 30.03.2024).
    At the outset, Ld. Counsel for JD seeks adjournment
    stating that JD is not available today due to death of some relative of
    JD.
    The concerned official from Dena Bank has filed
    statement of accounts pertaining to Account No. 012913023860 of JD.
    He submits that the said account has already been closed in the year
    2016.
    Nazir in compliance of order dated 30.03.2024 has filed
    his report.
    It is stated in the report that as per record, the JD has not
    made any payment to the DH in the present execution petition. It is
    further stated in the report that DH has not filed any other execution
    petition in this Court.
    At request, put up for purpose fixed on 22.05.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    04.05.2024
    -- 1 of 1 --
    Order 8
    30 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    ANDANR.
    30.03.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    Sh. Tariq Faruqui, Ld. LAC for JD alongdwith JD in
    person.
    An application for transfer of the present execution
    petition has already been filed on 12.03.2024 on behalf of DH. Copy
    of the same has been supplied to Ld. Counsel for JD.
    Ld. Counsel for the JD submits that he wants to file reply
    to the said application.
    Accordingly, put up for reply/arguments on the aforesaid
    application on 04.05.2024.
    Nazir is directed to file his report as to whether any part
    of the decree dated 04.06.2019 passed in CS DJ No. 3504/2017 has
    been satisfied within the jurisdiction of this Court either in the present
    execution petition or in any other execution petition, if any, filed by
    the DH.
    As per report available, despite service of show cause
    notice to the concerned bank, no one has appeared from the concerned
    bank. Accordingly, issue fresh show cause notice to the concerned
    bank for next date of hearing with directions to comply with the order
    dated 23.01.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    30.03.2024(kd)
    -- 1 of 1 --
    Order 7
    11 Mar 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    11.03.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    JD in person.
    At the outset, JD submits that his counsel is not available
    as he is not well.
    As per report available, Court notice issued in terms of
    order dated 23.01.2024 has been served to the concerned bank i.e.
    Dena Bank. Despite service, no one is present from the concerned
    bank.
    Accordingly issue show cause notice to the concerned
    bank with directions to comply with the order dated 23.01.2024.
    Put up for further proceeding on 30.03.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    11.03.2024(kd)
    -- 1 of 1 --
    Order 6
    23 Jan 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND
    ANR.
    23.01.2024
    Present: Sh. Aman Kumar, Ld. Counsel for DH.
    Sh. Tariq Faruqui, Ld. LAC for the JD alongwith JD in
    person.
    Vakalatnama as well as photocopy of authority letter has
    been filed on behalf of JD. Taken on record.
    As per report, warrants issued in terms of order dated
    17.11.2023 to the concerned bank for attachment of bank account of
    JD has been received back as served. However, no report has been
    received from the concerned bank in that regard.
    Issue Court notice to the concerned bank to apprise this
    Court regarding attachment of the bank account bearing
    no. 012913023860 of the JD for the next date of hearing. Concerned
    bank is to also place on record the bank statement of the concerned
    account of the JD for last two years.
    Ld. counsel for JD submits that he needs some time to go
    through the file as he has been newly engaged in the present matter.
    Put up for further proceeding on 11.03.2024.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    23.01.2024(kd)
    -- 1 of 1 --
    Order 5Full order available
    17 Nov 2023

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: EX 711/23 M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES AND ANR. 17.11.2023 Present: Sh. Aman Kumar Singh, Ld. Counsel for DH alongwith DH in person. Sh. Deepak Arora for himself and also for proprietor M/s Balak Nath Textiles. Nazir in compliance of order dated 26.10.2023 has filed his report stating that the address of the JD does not fall within the jurisdiction of this Court. At this stage, Ld. Counsel for…

    Read Full Order
    Order 4
    26 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH
    TEXTILES AND ANR.
    26.10.2023
    Present: Sh. Aman Kumar Singh, Ld. Counsel for DH
    alongwith DH in person.
    Sh. Deepak Arora for himself and also for
    proprietor of M/s Balak Nath Textiles.
    JD submits that his counsel is not available
    today and sought an adjournment on this ground.
    Queries asked with Ld. Counsel for DH
    regarding jurisdiction of this court.
    Nazir has not filed his report in terms of
    order dated 24.08.2023. Nazir is directed to submit the
    report in terms of order dated 24.08.2023. Nazir to further
    report whether the JD is residing within the jurisdiction of
    this court or whether he has properties lying in this court's
    jurisdiction as per record.
    Put up for further proceedings on 17.11.2023.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    26.10.2023(sr)
    -- 1 of 1 --
    Order 3
    07 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    ANDANR.
    07.10.2023
    Present: Sh. Aman Kumar Singh, Ld. Proxy counsel for
    Sh. Manu Gupta, Ld. Counsel for DH.
    Sh. Deepak Arora for himself and also as proprietor
    of M/s Balak Nath Textiles.
    In response to the notice issued on 24.08.2023, JD
    has appeared today. He submits that his counsel is not available
    today and has sought a short adjournment.
    Accordingly, put up for further proceedings on
    26.10.2023.
    (Abhishek Srivastava)
    Addl. Distt. Judge-05,
    Central, THC, Delhi
    07.10.2023(kd)
    -- 1 of 1 --
    Order 2
    24 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    ANDANR.
    24.08.2023
    Fresh execution petition was received by way of
    assignment on 05.08.2023. It be checked and registered.
    Present: Sh. Aman Kumar Singh, proxy counsel for DH.
    Nazir is directed to submit the report on the
    following points:-
    1. Whether any part of the decree dated 04.02.2019, passed
    by Ld. ADJ-14(Central) in CS DJ No.3504/2017 has been
    satisfied within the jurisdiction of this Court either in the present
    execution petition or in any other execution petition, if any, filed
    by the DH qua the aforesaid decree;
    2. Whether any Order either staying the operation of the
    decree or setting aside the same has been received in the present
    case from any superior Court.
    Put up for further proceedings on 07.10.2023. In the
    meantime, notice of the present petition be issued to JD on filing
    of PF and RC alongwith copy of petition and documents within 7
    days from today.
    (ARUN KUMAR GARG)
    Addl. Distt. Judge-05,
    Central, THC, Delhi(sr)
    24.08.2023
    -- 1 of 1 --
    Order 1
    05 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: EX. 711/23
    M/S DUA ENTERPRISES Vs. M/S BALAK NATH TEXTILES
    AND ANR.
    05.08.2023
    Ld. P.O. is on leave today.
    Fresh execution petition received by way of
    assignment.
    Present: Sh. Manu Gupta, Ld. Counsel for DH through VC.
    As per directions of Ld. P.O., put up for
    consideration on 24.08.2023 at 12:00 noon as requested.
    (READER)
    05.08.2023
    -- 1 of 1 --

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