Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex No . 1008/23
Vatech Co Ltd Vs M/s Unicorn
22.12.2023
Present: Sh. Samrat Singh Ld. Counsel for DH.
Sh. Gunjan Kumar Ld. Counsel for JD.
Ms Apra Vice President of HSBC Bank, Barakhamba Road in person.
Ld Counsel for the DH submits that the present execution petition arises out
of the order and decree dt 04.08.2022 vide which the Hon'ble High Court of Delhi has
decreed the CS (COMM) No 1/2016 and has ordered the JD herein to pay to the DH an
amount of Rs 10,99,850/- towards the cost of the suit incurred by the DH. Accordingly,
the DH has filed the present petition claiming the said very amount.
Pursuant to the present execution petition the warrants of attachment were
issued against the bank account of the JD.
Ld Counsel for the DH submits that pursuant to warrants of attachment, the
account of the JD has been debited by the bank manager HSBC bank, Barakhamba
Road, New Delhi.
Ms Apra appearing on behalf of HSBC bank has placed on record the
demand draft for an amount of Rs 10,99,850/-. Same is taken on record.
Let the same be deposited in interest bearing FDR in the name of the court.
On inquires made from Ld Counsel for the JD, it is submitted that till date
there no appeal has been preferred against the order dt 04.08.2022.
Ld Counsel for the JD has filed 2 objections i.e. one u/s 47 r/w order 21
Rule 58 CPC and the other u/o 21 Rule 26 r/w 21 Rule 55 CPC seeking stay of the
execution proceedings duly supported by the board resolution. Same are taken on record.
Copy supplied to Ld Counsel for the DH who submits that he would like to file reply.
Ld Counsel for the JD submits that a clarification be made to the effect that
pursuant to the deposit of the decreetal amount by way of the demand draft received by
the court today the JD is free to operate the bank account. Accordingly it is clarified that
since the bank account of the JD was attached only to the extent of an amount of Rs
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10,99,850/-, there is no further impediment upon the JD to operate his bank account
upon the deposit of the demand draft consequent upon the issuance of warrants of
attachment in the present execution petition.
Accordingly, list for filing of reply/arguments on 23.02.2024.
Advance copy of the reply be supplied to the opposite side atleast 7 days
prior to the NDOH.
Copy of this order be given dasti to the concerned officer appearing on
behalf of HSBC bank.
(Sachin Sood)
ADJ-01 (Central)
THC, Delhi/22.12.2023
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