Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5EX 1572/24
Puneesh Rohtagi Vs. Suman Kohli
05.10.2024
Present: Sh. Sahib Singh, Ld. Counsel for DH appeared through
VC alongwith DH.
None for the JD.
Summons issued to the JD received back duly served.
On the last date of hearing, it was stated by the DH that
certain goods of the DH were handed over to the DH on superdari by
the bailiff. Subsequent to which, summons were issued to the JD,
which have been received back as served, however, despite service,
the JD has not appeared.
In the execution petition, warrants of possessions were
issued which were received back duly executed on 12.07.2024. At that
time, certain articles were seized which were handed over to the
superdari. List of articles is on record. Since then, no one has come
forward to claim the seized articles.
Considering all the facts and circumstances of the
present case and keeping the fact that the JD has not prayed for release
of the articles, this court has no option but to sell the articles as the
DH cannot be burdened to keep the articles of superdari. Accordingly,
the articles lying with the superdari are hereby ordered to be sold by
way of public auction. Issue Proclamation of Sale by way of affixation
on the court door on 05.12.2024 and on the spot on 10.12.2024 on
filing of PF. The notice be also issued to the superdar directing him to
bring the property to be sold at the time of the sale. The auction shall
be held at the court compound of Tis Hazari Courts and shall be held
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on 20.12.2024. The auction shall be conducted by the Court
Auctioneer appointed /designated by the Nazarat Branch.
Be put up for report on 24.12.2024.
(Tista Shah)
ARC-01, Central District,
Tis Hazari Courts, Delhi
05.10.2024
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