Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 EX 2074/24
SAROJ KHEMKA Vs. MANISHA SARAWAGI
29.07.2025
File is taken up on an application under Section 151 C.P.C. filed previously on
behalf of the JD for settlement of the present case.
Present: Sh. Gaurav Dubey, Ld. Counsel for DH through VC.
Sh. Puneet Khemka, SPA Holder of the DH through VC.
Sh. Naveen Keshav, Ld. Counsel for JD with husband of the JD in
person.
Court notices issued to the SPA Holder of the DH and Counsel for the
DH are received back served.
Perusal of the record reflects that warrants of attachment of movable
property returnable for date already fixed i.e. 08.08.2025 were received back duly
executed with report that on 12.07.2025 the SPA Holder of the DH accompanied
the Court Bailiff to conduct attachment of movable property against the JD at the
given address whereafter the staff of the JD was apprised regarding the
proceedings and staff of the JD telephonically apprised the husband of the JD on
his phone number 9350169622 who refused to make the payment of the decretal
amount. Thereafter, from the shop of the JD i.e. 1758/3, G.F. Gali Bholanath
Cheera Khana, Nai Sadak, Delhi-110006, the goods of the JD i.e. 2516 sarees
were attached and an inventory was prepared regarding the same and receiving
was taken from the staff of the JD namely Sh. Nitish Kumar and Laxman.
At this stage, Ld. Counsel for the JD submits that the JD is ready to
make part payment of Rs.2,00,000/- as part decretal amount towards the DH in
lieu of some sarees of the equivalent value. Ld. Counsel for the DH upon
instructions submits that the DH is not ready to accept the part decretal amount
and that the DH wishes to receive the entire decretal amount in one go. Ld.
Counsel for the DH also submits that he shall be filing application for conducting
auction proceedings qua the sarees attached. Heard.
In view of the submissions of the parties, it appears that no settlement
chances exist in the present execution petition. Accordingly, the application of the
JD under Section 151 C.P.C. for making part payment of decretal amount and to
pay the remaining decretal amount in installments is hereby dismissed and
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disposed off.
At this stage, it is submitted by Sh. Vivek Sarawagi, husband of the
JD that he is willing to make the entire payment of the decretal amount as per the
calculation sheet filed on behalf of the DH which cumulatively amounts to
Rs.7,38,044/-.
Ld. Counsel for the DH has submitted that the DH has received the
payment of Rs.7,38,044/- today vide bank transfer in the name of Saroj Khemka,
DH in the present case in terms of the decree dated 04.12.2021 i.e. the entire
decretal amount and the decree as it stands today stands satisfied.
Ld. Counsel for the DH submits that the DH will be releasing the
attached 2516 sarees to the JD today itself by 05:00 PM. DH is directed to comply
with the said submission positively.
Ld. Counsel for the DH submits that the decree is dated 04.12.2021
whereas the JD has made the payment after more than 3.5 years and the DH seeks
costs from the JD and shall be filing the relevant judgment of the Hon’ble High
Court in this regard.
Put up for consideration upon cost, if any/withdrawal of present
execution petition on 20.08.2025.
Previous date fixed i.e. 08.08.2025 is hereby cancelled.
(Aakash Sharma)
Civil Judge-02 (Central), Delhi
29.07.2025
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