Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: EX 17/25
RAJESH GUPTA Vs. ANJALI
EX 18/25
RAJESH GUPTA Vs. YOGENDER SINGH
24.01.2026
Present: Ld. Counsel for decree holder through V.C with decree
holder in person.
Respective Counsel for respective JDs with said JDs.
Despite directions, JD has not filed affidavit in execution
No. 17/25 to comply order dated 17.11.2025.
File of CS No. 304/25 received. DH in the present two
cases was the plaintiff in the said case and in the said case, he had
filed an affidavit dated 02.09.2025 giving details of 11 civil litigations
which he had filed before various Courts in Delhi based on friendly
loan. But, the affidavit filed in Ex. No. 18 qua the same facts give a
different picture.
The case file of 304/25 was handed over to Mr.Rajesh
Gupta and he admitted that he filed affidavit dated 02.09.2025 in the
said case. The copy of the said document is placed on the Ex. file No.
18/25 and the same is exhibited as Ex.X1. Signatures of decree holder
has been obtained on this order-sheet as confirmation of fact that he
had filed Ex. X1 in the aforesaid suit titled as 'Rajesh Gupta Vs.
Seema Jain' decided vide order dated 13.10.2025.
A comparison of the affidavit EX. X1 with the affidavit
filed in Ex. No. 18 would show that the details of litigations initiated
by Rajesh Gupta against various individuals across Delhi do not
match. The two affidavits only have 5 common entries and the other
entries in the two affidavits do not match. This means either the
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affidavit Ex.X1 contain incorrect facts or the affidavit dated
08.12.2025 in Ex. 18 contains incorrect facts.
It appears that Rajesh Gupta/decree holder has possibly
concealed the correct number/details of litigations which he has
initiated against various individuals on the ground of friendly loans
extended by him.
Considering the above, I am of the opinion that prima
facie decree holder has violated Section 227 BNS r/w Section 229
and 236 BNS. Thus, he is liable to be prosecuted under the aforesaid
provisions in light of Section 215 (1)(b) BNSS r/w Section 379 BNSS.
Before proceeding in that direction, decree holder is
given one opportunity to show-cause as to why the said proceedings
be not taken against him. Copy of this order shall serve as show-cause
for decree holder.
List on 05.02.2026.
At the request of Counsel for decree holder, decree holder
is given one more opportunity to file a fresh affidavit giving complete
details of civil and criminal cases filed by him against various
individuals across Delhi and the exact status of each case. He shall
also indicate the amount claimed in each of the cases and the grounds
under which the said money was claimed.
Decree holder shall remain physically present on the next
date.
Aashish Gupta
DJ-01/NE/KKD/DELHI
24.01.2026
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