Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex. (COMM) 577/25
Welcome Saree Creations Pvt. Ltd Vs M/s Taruna Textiles
15.04.2026
Present:- Ms. Ishita Kaushal, Advocate for DH.
JD through video-conferencing.
JD has requested that the present matter may be sent
to mediation and that she is making payment to the DH in Govind
Ram Gupta case.
In this case the DH is not Mr. Govind Ram Gupta. It
is also submitted by the JD that she has made the request for
referring the matter to mediation in this case only and not in Ex.
No. 76/2026 in which order has been passed by this court just
before taking this file on board.
An application under section 53 of The Transfer of
Property Act has been moved on behalf of DH.
After some submissions, learned counsel for DH
submits that she intends to withdraw the present application and
same may be disposed off as withdrawn.
In view of submissions of learned counsel for DH,
the present application under section 53 of The Transfer of
Property Act is disposed off as withdrawn.
Learned Ms. Ishita Kaushal has prayed for
attachment of the properties, fraudulently transferred by JD. Copy
of transfer documents are filed along with the application.
It is noted that all the properties mentioned in the
application, have been already attached in the Ex. No. 76/26 titled
as M/s Jari Saree Centre (India) Pvt Ltd. VS Taruna Bansal @
Taruna Goyal. In order to protect the rights of the present DH, it
would be proper that all these properties be attached in this
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execution petition also.
At this stage, JD Ms. Taruna Goyal submits that the
RFA against the judgment and decree of this court is pending
before the Hon’ble High Court. She has also submitted that the
court is not listening to her and that
“जरी साड़ी वाले कहते ह किक कर्ट 
मे
री घरी क ह
.”
Learned Ms. Ishita Kaushal has submitted that the
RFA of the JD has been already dismissed for non-prosecution.
An order dated 08.01.2026 in RFA 498/2024 apparently arising
from the judgment of this court, has been received reflecting that
appeal was dismissed for non-prosecution on 08.01.2026.
At this stage JD has submitted that the RFA has been
again filed "सारीये किरी सा डाले  ह".
This court is conscious about the orders of the
Hon’ble Supreme Court in PERIYAMMAL (DEAD) THROUGH
LRS & ORS. Vs V. RAJAMANI & ANR. ETC. CIVIL APPEAL
NOS. 3640-3642 OF 2025 (ARISING OUT OF SLP (C) NOS.
8490-8492 OF 2020), expecting the trial courts to dispose off the
execution petitions within six months. In the facts and
circumstances and in view of the apparent fraudulent transfer of
the properties by JD, the execution process would not stop on
submissions of JD without any legal basis.
JD is directed to file her affidavit of assets and
liabilities under order XXI rule 41 CPC as on date as well as on
date of passing of the decree i.e. 22.07.2024.
Issue warrants of attachment against the following
properties :-
1) One shop on the First Floor bearing Private No. 17 in
Plot Nos. 755-757, Ward No. II, Katra Neel, Chandni Chowk,
Delhi-110006, comprising 20.13 sq Mtr.
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2) One shop on the Second floor bearing Private No.
756/II/17 in Plot Nos. 755-757, Ward No. II, Katra Neel, Chandni
Chowk, Delhi-110006, comprising 26.67 sq m.
3) Private Shop no.20 on First Floor, in Plot Nos. 755-
757, Ward No. II, Katra Neel, Chandhi Chowk, Delhi-110006.
4) Private Shop No. 7 & 8 on First Floor, in Plot Nos. 755-
757, Ward No. II, Katra Neel, Chandni Chowk, Delhi-110006.
5) One Shop with roof right & one toilet (without roof
right on third floor) in Plot Nos.755-757, Ward No.II, Katra Neel,
Chandni Chowk, Delhi-110006.
DCP Central is directed to provide proper security to
the decree holder as well as bailiff upon the information to be
provided for execution of the warrants of attachment.
DH to appear before learned ACJ on 22.04.2026.
Put up for report before this court on 11.05.2026.
(Ajay Pandey)
District Judge (Commercial Court-10)
Central, Tis Hazari,15.04.2026
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