Order 25

Order Details: COPY OF ORDER
Pdf Text: EX 78/23
VED PRAKASH Vs. DEEPAK MANOCHA
05.09.2026
File taken up today on application filed by the JD on 01.09.2026
for cancellation of warrant of arrest issued against him.
Present : Mr. Manu Gupta, Ld. counsel for DH.
Mr. Saurabh, Ld. counsel for applicant/ JD.
By way of the present application, the JD/ applicant
has sought cancellation of warrant of arrest issued against him
vide order dated 10.07.2026.
It has been submitted that the JD/ applicant could
not appear before this Court from last two dates of hearing as he
is out of station for treatment of cancer. Copy of medical
documents attached therewith.
Per contra, Ld. counsel for DH/ non-applicant has
submitted that the JD is a habitual defaulter and deliberately
failed to appear before the Court, despite having undertaken to
make payment for the remaining decreetal amount. He submits
that mediation between the parties also failed. He has submitted
that JD has in habit of seeking exemption and adjournments
without any valid ground. Hence, the present application may be
dismissed.
Heard. Perused.
Perusal of the record transpires that JD has not been
making payment of the decreetal amount to the DH, despite
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repeated opportunities. The JD was earlier also arrested in
February, 2026, but was released from civil imprisonment on part
payment of Rs.35,000/- and his undertaking that he shall make
payment of remaining decreetal amount in installments.
However, thereafter the JD neither appeared in the Court nor
made payment of the remaining decreetal amount.
In the present application, it is nowhere mentioned
from where the JD is getting treatment. All medical documents
attached herewith are of different hospitals/ institutes of Delhi
and are dated 18.08.2026. However, the order of warrant of arrest
was passed on 10.07.2026 and thereafter, on 07.08.2026. There is
no document to show that the JD was out of Delhi for his
treatment before 07.08.2026 and hence, was prevented from
appearing before the Court.
In view of the above discussion, this Court is of the
considered opinion that the JD is deliberately avoiding appearing
before this Court and making payment of remaining decreetal
amount, despite his undertaking.
Hence, the present application is dismissed.
Copy of this order be given dasti, at request.
Put up on date fixed i.e. 11.09.2026.
(Saumya Chauhan)
District Judge-01
(East)/KKD/Delhi/05.09.2026
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