Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Execution (Comm.) 577-25
WELCOME SAREE CREATION PVT. LTD.
Vs.
M/s TARUNA TEXTILES
29-07-2026
Present: Ms. Ishita Kaushal, Advocate for DH.
Sh. Mukesh Kaushal, Advocate Proxy Counsel for
JD.
The Court needs to hear detailed submissions of the
parties. This matter is passed over till 12:00 noon.
AJAY PANDEY
District Judge (Commercial Court-10)
Central, Tis Hazari Courts
29-07-2026
At 12:00 Noon.
Present: Ms. Ishita Kaushal, Advocate for DH.
Sh. Mukesh Kaushal, Advocate Proxy Counsel for
JD.
An application for sale of attached property has been
filed by Ld. Ms. Ishita Kaushal. Copy supplied to Learned Proxy
Counsel for JD.
Learned Counsel for JD seeks time to file reply to
the application.
She submits that she would be filing proper
verification/details/application as required under Order XXI Rule
66 of the CPC.
It is seen that the present execution petition, from
the last many dates, is being listed along with execution petition
no.76/2026 titled as M/s JARI SAREE CENTRE (INDIA) PVT.
LTD. Vs. TARUNA BANSAL alias TARUNA GOYAL. It is
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also seen in the said execution petition no.76/2026, Objector Ms.
Pallavi Bansal, Deepika Goyal and Sh. Neeraj Hisaria filed
separate objections/applications which were disposed in the said
case. Properties attached in the present case, are also lying
attached in execution petition no.76/2026. In the present case as
well as in the execution petition no.76/2026, JD or any other
person including Objectors who could have any objection or
suggestion with reference to settling the terms of proclamation
for sale of attached property were directed to appear in person.
It is seen that someone with the name of Taruna is
appearing on the video-conferencing of the Court but is not
responding to the specific call/query.
Since the present matter was listed with the
execution petition no.76/2026 on 11.03.2026, 15.04.2026,
11.05.2026, 25.05.2026 and 17.07.2026 and the objectors in the
execution petition no.76/2026 were duly represented by Learned
Advocates, it can be surely presumed all the objectors have
notice of the pendency of the present execution petition.
Apart from this, warrants of attachment against the
properties have been duly executed on 06.07.2026, therefore all
the persons having any interest in the attached properties, are
supposed to have notice about attachment of the property.
One Sh.Pushpender Advocate is causing his
appearance in the execution petition no.76/2026 for Ms. Pallavi
Bansal, but has submitted that he has no instructions to appear in
the present case.
One Sh. Amulaya Upadhyay is also causing his
appearance for Sh. Neeraj Hisaria in the execution petition
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no.76/2026. He also submits that he has no instructions to appear
in the present case.
Sh. Amulaya Upadhyay has also filed an application
for exemption of Sh. Neeraj Hisaria in the execution petition
no.76/2026.
As already observed in the present case as well as in
the execution petition no.76/2026, JD and any other person
including objectors, who might have any objection or suggestion
with reference to settling terms of proclamation for sale of the
attached property, are directed to appear in person on the next
date of hearing.
None of the objectors or any other person has
appeared in the Court to give any suggestion or input for settling
terms of proclamation sale of the attached property.
In the facts and circumstances, Court intends to
proceed further with the application for sale of the attached
properties.
Decree Holder is directed to file proper
verification/application as required under Order XXI Rule 66 of
the Court of civil procedure.
DH is further directed to mention the estimated
market value of the property according to the decree holder in the
application/declaration under Order XXI Rule 66 or by way of
separate affidavit.
Decree Holder is further directed to provide list of
Government approved valuers of immovable property
mentioning the name of at least 4 valuers. With the suggestions
of Learned Counsels for parties, the Court may choose to opine
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one or more valuers for estimating the reserved price of the
property.
The fees of the valuers may be recoverable from the
amount of proclamation sale.
JD or any other person having interest in the
property is also at liberty to give his own proper estimation of the
value of the property. Such estimation may be supported with
proper documents etc.
The parties are also requested to give suggestions
about other modalities of the sale proclamation including the
place of sale, the person auctioning the property including the
suggestions about the e-sale of the property, if possible.
Since this may be the first order by this court for
settling the terms and conditions of the proclamation sale, notice
be also issued to the Civil Nazir to appear on NDOH for
assistance of the Court.
Put up on 19.08.2026.
AJAY PANDEY
District Judge (Commercial Court-10)
Central, Tis Hazari Courts
29-07-2026
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