Order 9

Order Details: COPY OF ORDER
Pdf Text: Execution (Comm.) 19/24
Bhagwat Swaroop Vs. Shiv Kumar
18.03.2025
Present: Sh. Ravi Kant Sharma, Ld. Counsel for decree
holder.
Sh. Nishant Rajora, Ld. Counsel for judgment
debtor (through video conferencing).
Ld. Counsel for judgment debtor submits that he has
filed objections under Order 21 Rule 26 r/w Section 151 CPC for
stay of the proceedings of the execution petition. It is submitted
that judgment debtor has preferred an RFA No.300/2024, which
is pending before Hon’ble High Court of Delhi and is coming up
for hearing on 17.04.2025.
Ld. Counsel for decree holder submits that as on
today, there is no stay against the judgment and decree dated
18.12.2023, passed by this court.
Ld. Counsel for judgment debtor has also fairly
conceded that Hon’ble High Court of Delhi has not granted stay
of judgment and decree dated 18.12.2023 till date in RFA
No.300/2024.
In view thereof, I do not find any ground to stay the
proceedings of execution of judgment and decree dated
18.12.2023. Accordingly, objections/application under Order 21
Rule 26 r/w Section 151 CPC for stay of proceedings of
execution petition, as filed on behalf of judgment debtor stands
dismissed.
Ld. Counsel for decree holder submits that present
execution petition is pending for about one year and Hon’ble
Supreme Court in a case titled as Rahul S. Shah v. Jinendra
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Kumar Gandhi reported in (2021) 6 SCC 418 has directed that
execution proceedings to be completed within six months from
the date of filing.
Heard. Issue warrant of attachment of movable
assets of judgment debtors, as per list of movable assets, on filing
of PF as well as an affidavit of decree holder that there is no stay
against the judgment and decree dated 18.12.2023. Steps be
taken within three days.
Decree holder is directed to appear before Ld. ACJ,
North East, Delhi on 28.03.2025 and before this court on
09.04.2025.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
18.03.2025
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