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EX - EXECUTION

KOGTA FINANCIAL INDIA LTDVsMOHMMD AADIL

CNR DLCT030015862023179-Civil Judge
Tis Hazari, Senior Civil Judge cum RC Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--WITHDRAW
Decision Date: 13th September 2024

TrustJury record updated 16 Oct 2026

Case Overview

Registration Number
337/2023
Registration Date
20 Mar 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1KOGTA FINANCIAL INDIA LTD

    Respondent

    1. 1MOHMMD AADIL

    Acts & Sections

    1
    Civil Cases · Sec EXECUTION

    Case History / Proceedings

    Case History
    Date: 20-03-2023
Business: f
Next Purpose: Misc. cases/purpose
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: c
Next Purpose: Misc. cases/purpose
Next Hearing Date: 02-06-2023

Date: 02-06-2023
Business: c
Next Purpose: Misc. cases/purpose
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: put up for further proceedings
Next Purpose: Misc. cases/purpose
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Proceeding have been done.
Next Purpose: Misc. cases/purpose
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: arg
Next Purpose: Misc./ Arguments
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Reason For Adjournment: Judge on Leave
Next Purpose: Misc./ Arguments
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Proceeding have been done.
Next Purpose: Misc./ Arguments
Next Hearing Date: 31-05-2024

Date: 31-05-2024
Business: Proceeding have been done.
Next Purpose: Misc./ Arguments
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Proceeding have been done.
Next Purpose: Misc./ Arguments
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: withdrawn
Nature Of Disposal: WITHDRAW
Disposal Date: 13-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 1584/2023
Filing Date: 18-03-2023
First Hearing Date: 20th March 2023
Decision Date: 13th September 2024
Court Number And Judge: 179-Civil Judge

    Orders

    21
    Final Order 11
    13 Sept 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
13.09.2024
Present : Sh. ARA Vikram, Ld. counsel for DH with Sh. Tek
Chand Sharma, AR of DH.
The matter is listed for arguments on maintainability
of present execution petition.
At this stage, it is submitted by Ld. counsel for DH
that DH does not want to pursue the present matter in view of the
judgment “Kotak Mahindra Bank vs. Narender Kumar Prajapati”
and seeks liberty to withdraw the present execution petition.
Separate statement of AR of DH to this effect has been recorded
today.
In view of submissions made and statement
recorded, the present execution petition is hereby disposed of as
withdrawn.
File be consigned to record room after due
compliance.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/13.09.2024
-- 1 of 1 --
    Interim Order 10
    02 Aug 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 46 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
02.08.2024
Present : Sh. Anil Yadav, Assistant Legal Manager on behalf
of DH.
None for JDs.
Put up for compliance of order dt. 31.05.24, for
13.09.2024.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/02.08.2024
-- 1 of 1 --
    Interim Order 9
    31 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 39 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
31.05.2024
Present : Sh. ARA Vikram Shukla, Ld. counsel for DH.
None for JDs.
Notice of the application u/o XXI rule 37 received
back with report ‘no such person’.
It has come to the notice of the Court that the
amount for which the execution was sought was passed by the
Ld. Sole Arbitrator.
Ld. counsel for DH is first directed to address the
arguments on the maintainability of the execution petition on
02.08.2024.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/31.05.2024
-- 1 of 1 --
    Interim Order 8
    26 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
26.04.2024
Present : Sh. A.R.A. Vikram Shukla, Ld. counsel for DH
(through VC).
None for JDs.
One last and final opportunity is granted to the DH
to comply with order dt. 13.10.23 for NDOH.
List for reply / arguments on application u/o XXI
Rule 37 CPC on 31.05.2024.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/26.04.2024
-- 1 of 1 --
    Interim Order 7
    16 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18EX 337/23KOGTA FINANCIAL INDIA LTD Vs. MOHMMD
AADIL
16.02.2024
Present : Sh. A.R.A. Vikaram Shukla Ld. counsel for DH.
Ld. P.O. is on leave today. As per directions, be put
up for purpose already fixed on 26.04.2024.
(Naib-Nazir)
16.02.2024
-- 1 of 1 --
    Interim Order 6
    15 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
CNR No. DLCT030015862023
15.12.2023
Present : Sh. A. R. A. Vikram Shukla Ld. counsel for DH.
None for JDs.
Notice not issued as copy of application not filed
again.
One last and final opportunity is granted to the DH
to comply with order dt. 13.10.23 for NDOH.
List for reply / arguments on application u/o XXI
rule 37 CPC on 16.02.2024.
(Bharti Garg)
CJ-07(C)/THC/Delhi/15.12.2023
-- 1 of 1 --
    Interim Order 5
    13 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR No. DLCT030015862023
13.10.2023
Present : AR of DH in person.
None for JDs.
Notice of application u/o XXI Rule 37 CPC not
issued as copy of application not filed alongwith PF.
Copy of application be filed by DH within 7 days
and thereafter, issue notice of application to JDs in terms of
previous order on previous PF, returnable on 15.12.2023.
(Bharti Garg)
CJ-07(C)/THC/Delhi/13.10.2023
-- 1 of 1 --
    Interim Order 4
    04 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR No. DLCT030015862023
04.08.2023
Present : Sh. A.R. Bikram, Ld. counsel for DH.
None for JDs.
The matter is listed for report of warrants of
attachment.
Warrants of attachment received back unexecuted
with report that no article could be found for attachment at the
address of JD.
An application u/o XXI Rule 37 CPC has been filed
by DH seeking arrest of JDs.
Issue notice of application to JDs to show cause as
to why they should not be committed to civil prison, on filing of
PF/RC/Speed Post within 7 days from today, returnable for
13.10.2023.
(Bharti Garg)
CJ-07(C)/THC/Delhi/04.08.2023
-- 1 of 1 --
    Interim Order 3
    02 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR NO: DLCT030015862023
02.06.2023
Present : Sh. Tek Chand Sharma, AR of DH in person.
None for JDs.
Notice issued to JDs received back served on
06.05.2023.
However, neither the JDs have appeared nor any
reply has been filed on their behalf.
In view of thereof, let warrant of attachment be
issued against movable properties of JDs on filing of PF and list
of movable properties within 7 days from today.
Report be awaited for 04.08.2023.
Meanwhile, the DH is directed to appear before the
court of Ld. ACJ, Central, Tis Hazari Courts, Delhi on
03.07.2023 for appointment of Bailiff.
(Bharti Garg)
CJ07(C)/THC/Delhi/02.06.2023
-- 1 of 1 --
    Interim Order 2
    21 Apr 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR No. DLCT030015862023
21.04.2023
Present : Sh. Tek Chand Sharma, AR of DH.
Perused Nazir report.
As the present execution petition pertain to ex-parte
award, accordingly, let notice be issued to JDs on filing of
PF/RC/Speed post within 7 days.
Be put up for appearance of JDs and further
proceedings on 02.06.2023.
Nazir is also directed to issue notice directing the JD
to file the affidavit of his assets and income in the format
Annexure A1 alongwith documents mentioned therein within 30
days in view of the judgment of the Hon’ble High Court of Delhi
dt. 05.08.2020 in EX.P.275/2012 and EX.APPL. (OS) 193/2020
and EX.P. 276/2012.
(Sonam Singh-II)
CJ-07(C)/THC/Delhi/21.04.2023
-- 1 of 1 --
    Interim Order 1
    20 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs
MOHMMD AADIL
CNR No. DLCT03-001586-2023
20.03.2023
Fresh execution petition is received. It be checked and
registered.
Present : Sh. Anurag Mishra, Ld. Proxy counsel for DH.
(enroll no. D-7435/22 and cont. no. 7054095253)
Be put up for Nazir report on 21.04.2023.
(Sonam Singh-II)
CJ-07(C)/THC/Delhi/20.03.2023
-- 1 of 1 --
    Order 10
    02 Aug 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 46 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
02.08.2024
Present : Sh. Anil Yadav, Assistant Legal Manager on behalf
of DH.
None for JDs.
Put up for compliance of order dt. 31.05.24, for
13.09.2024.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/02.08.2024
-- 1 of 1 --
    Order 9
    31 May 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 39 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
31.05.2024
Present : Sh. ARA Vikram Shukla, Ld. counsel for DH.
None for JDs.
Notice of the application u/o XXI rule 37 received
back with report ‘no such person’.
It has come to the notice of the Court that the
amount for which the execution was sought was passed by the
Ld. Sole Arbitrator.
Ld. counsel for DH is first directed to address the
arguments on the maintainability of the execution petition on
02.08.2024.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/31.05.2024
-- 1 of 1 --
    Order 8
    26 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
26.04.2024
Present : Sh. A.R.A. Vikram Shukla, Ld. counsel for DH
(through VC).
None for JDs.
One last and final opportunity is granted to the DH
to comply with order dt. 13.10.23 for NDOH.
List for reply / arguments on application u/o XXI
Rule 37 CPC on 31.05.2024.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/26.04.2024
-- 1 of 1 --
    Order 7
    16 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18EX 337/23KOGTA FINANCIAL INDIA LTD Vs. MOHMMD
AADIL
16.02.2024
Present : Sh. A.R.A. Vikaram Shukla Ld. counsel for DH.
Ld. P.O. is on leave today. As per directions, be put
up for purpose already fixed on 26.04.2024.
(Naib-Nazir)
16.02.2024
-- 1 of 1 --
    Order 6
    15 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 EX 337/23
KOGTA FINANCIAL INDIA LTD Vs. MOHMMD AADIL
CNR No. DLCT030015862023
15.12.2023
Present : Sh. A. R. A. Vikram Shukla Ld. counsel for DH.
None for JDs.
Notice not issued as copy of application not filed
again.
One last and final opportunity is granted to the DH
to comply with order dt. 13.10.23 for NDOH.
List for reply / arguments on application u/o XXI
rule 37 CPC on 16.02.2024.
(Bharti Garg)
CJ-07(C)/THC/Delhi/15.12.2023
-- 1 of 1 --
    Order 5
    13 Oct 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR No. DLCT030015862023
13.10.2023
Present : AR of DH in person.
None for JDs.
Notice of application u/o XXI Rule 37 CPC not
issued as copy of application not filed alongwith PF.
Copy of application be filed by DH within 7 days
and thereafter, issue notice of application to JDs in terms of
previous order on previous PF, returnable on 15.12.2023.
(Bharti Garg)
CJ-07(C)/THC/Delhi/13.10.2023
-- 1 of 1 --
    Order 4
    04 Aug 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR No. DLCT030015862023
04.08.2023
Present : Sh. A.R. Bikram, Ld. counsel for DH.
None for JDs.
The matter is listed for report of warrants of
attachment.
Warrants of attachment received back unexecuted
with report that no article could be found for attachment at the
address of JD.
An application u/o XXI Rule 37 CPC has been filed
by DH seeking arrest of JDs.
Issue notice of application to JDs to show cause as
to why they should not be committed to civil prison, on filing of
PF/RC/Speed Post within 7 days from today, returnable for
13.10.2023.
(Bharti Garg)
CJ-07(C)/THC/Delhi/04.08.2023
-- 1 of 1 --
    Order 3
    02 Jun 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR NO: DLCT030015862023
02.06.2023
Present : Sh. Tek Chand Sharma, AR of DH in person.
None for JDs.
Notice issued to JDs received back served on
06.05.2023.
However, neither the JDs have appeared nor any
reply has been filed on their behalf.
In view of thereof, let warrant of attachment be
issued against movable properties of JDs on filing of PF and list
of movable properties within 7 days from today.
Report be awaited for 04.08.2023.
Meanwhile, the DH is directed to appear before the
court of Ld. ACJ, Central, Tis Hazari Courts, Delhi on
03.07.2023 for appointment of Bailiff.
(Bharti Garg)
CJ07(C)/THC/Delhi/02.06.2023
-- 1 of 1 --
    Order 2
    21 Apr 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs.
MOHMMD AADIL
CNR No. DLCT030015862023
21.04.2023
Present : Sh. Tek Chand Sharma, AR of DH.
Perused Nazir report.
As the present execution petition pertain to ex-parte
award, accordingly, let notice be issued to JDs on filing of
PF/RC/Speed post within 7 days.
Be put up for appearance of JDs and further
proceedings on 02.06.2023.
Nazir is also directed to issue notice directing the JD
to file the affidavit of his assets and income in the format
Annexure A1 alongwith documents mentioned therein within 30
days in view of the judgment of the Hon’ble High Court of Delhi
dt. 05.08.2020 in EX.P.275/2012 and EX.APPL. (OS) 193/2020
and EX.P. 276/2012.
(Sonam Singh-II)
CJ-07(C)/THC/Delhi/21.04.2023
-- 1 of 1 --
    Order 1
    20 Mar 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 337/23
KOGTA FINANCIAL INDIA LTD
Vs
MOHMMD AADIL
CNR No. DLCT03-001586-2023
20.03.2023
Fresh execution petition is received. It be checked and
registered.
Present : Sh. Anurag Mishra, Ld. Proxy counsel for DH.
(enroll no. D-7435/22 and cont. no. 7054095253)
Be put up for Nazir report on 21.04.2023.
(Sonam Singh-II)
CJ-07(C)/THC/Delhi/20.03.2023
-- 1 of 1 --

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