Order 6

Order Details: COPY OF ORDER
Pdf Text: 9 EX 56/24
Prem Prakash Sharma Vs. Hemant
27.05.2025
Present : Sh. Nitin Kumar Jain, Ld. Counsel for DH.
None for JD.
Main file (CS No. 312/2019 Prem Prakash Sharma v.
Hemant (DOD: 20.01.2023) is attached.
Ld. counsel for DH presses upon his application under
Order XXI Rule 38 CPC seeking issuance of warrants of arrest against
the JD.
Submissions of Ld. counsel for DH heard. Record perused.
I have also perused the main file, wherein it has been
observed in the Order dated 11.03.2020 that summons received back
with the report that father of Defendant met, who submitted that he has
already severed ties with Defendant, however, wife and son of
Defendant are still residing in the premises on which summons were
issued. Vide Order dated 08.04.2022, it was observed as under:-
“Summons issued to the Defendant received back with the
report that father of Defendant was met, who told that he has severed his
ties with Defendant in March 2017. However, this is deemed to be
service upon Defendant.”
Ld. counsel for DH submits that JD is still residing at the
given address and his whole family is trying to protect the Defendant
and Defendant is evading his service.
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Considering the facts and circumstances, it would be
appropriate if the JD be served afresh with the notice of above
application through affixation.
Ordered accordingly.
DH to file PF within a week.
In the meantime, issue warrants of attachment of bank
account of JD bearing no. 6612475618 maintained with Kotak
Mahindra Bank at Jagriti Enclave Chs, Anand Vihar, Delhi for
realization of the decretal amount, on filing of PF. Steps be taken
within a week.
Put up for further proceedings on 08.07.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi. 27.05.2025
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