Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: Execution (Comm.) No.181/2025 (39)
Balaji Trading Company V/s Puneet Retails, Through Its Proprietor Shri
Puneet Kumar
CNR No.DLNW01-012503-2025
06.02.2026
Present: Shri Ayush Kumar, Ld.Counsel for the DH.
Shri Vijay Singh, Bailiff (EC No.90308) from Nazarat Branch,
North-West in person.
None for the Judgment Debtor.
1. It is submitted by learned counsel for the DH that Warrants of
Attachment in this case could not be executed as the father and brother of
JD, who were found present at the shop/spot on 17.01.2026, created a
ruckus and did not allow the Bailiff to execute the Warrants. The learned
counsel has accordingly preferred an oral application seeking police
aid/assistance and to break open of the lock(s) of premises/shop of J.D for
execution of Warrants of Attachment in this case.
2. Heard. Report filed by Bailiff perused.
3. (i) Separately, statement of Shri Vijay Singh, Bailiff (having EC
No.90308) has been recorded. It has been categorically stated by the
Bailiff in his statement recorded in Court today that pursuant to the receipt
of Warrants of Attachment by him, on 17.01.2026, he alongwith Shri Ansul
Bansal, A.R of Decree Holder went to the site/spot/shop, i.e 152, Ground
Floor, Sector-2, Mangolpur Kalan, Rohini, Delhi-110085, where the
proprietor of M/s Puneet Retails, i.e Shri Puneet Kumar, who is JD in the
present matter was not found present, however, his brother namely Shri
Avtar Kumar and his father namely Shri Vinod Kumar were found present.
Contd...p/2…
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(ii) The Bailiff in his statement further stated that when he told
them and showed the Warrants of Attachment issued in the present matter
against the J.D, both the said persons, i.e father and brother of J.D
aforesaid blatantly refused to give any amount to the A.R of DH and
instead both of them became aggressive and started quarrelling with them
and as such, the Warrants of Attachment could not be executed.
(iii) The Bailiff has proved his detailed report in this regard as
Ex.PX.
4. From the perusal of statement of Bailiff recorded in Court
today, it is categorically apparent that the Warrants of Attachment in the
matter cannot be executed without the police aid/assistance. Accordingly,
the police aid be made available to the DH by DCP concerned for
execution of Warrants of Attachment in this case.
5. Issue fresh Warrants of Attachment of the movable
property(ies) of JD, on filing of PF, with the direction to Bailiff to break
open the locks of the premises/shop of JD, if the same is found locked.
Requisite steps be taken within a week.
6. DH is directed to appear before the court of Ld.ACJ (North-
West) on 27.02.2026 and thereafter before this Court on 27.03.2026.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/06.02.2026
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