Order 13

Order Details: COPY OF ORDER
Pdf Text: 1 Execution (Comm.) 138/24
Punjab National Bank Vs. Sangeeta Babbar
31.05.2025
Present: Sh. Devendra Saran Saxena, Ld. Counsel for DH physically in
Court.
Sh. Tushar, Ld. Proxy Counsel for DH through VC.
None for JD.
Though, in execution petition titled as 'PNB vs. Karan Babbar', Karan
Babbar himself has appeared in the said execution petition and in the said
execution petition also, JD Sangeeta Babbar is JD No.2 but none has appeared on
behalf of JD in this execution.
An application filed on behalf of DH for taking the legal action
against JD. It is stated that warrant of attachment of movable goods of the JD has
been issued several times. Even JD had filed objections in the present execution
petition which was dismissed vide order dated 15.10.2024, but still when the bailiff
goes for attachment for the movable goods of the JD, the premises is found locked
and the other family members of the JD who are residing on the second floor and
the third floor state that the first floor of the property has been sold by the JD.
Counsel has stated that the JD in her affidavit had given the same address and
therefore, she is still residing at the same address.
Even in another matter titled as 'PNB vs. Rajesh Babbar' which is
pending in the Court of Ld. District Judge, Commercial Court-03, Shahdara
District, Delhi, the JD has filed written statement and in the affidavit of evidence,
JD has given the address as mentioned in the memo of parties as her address and
therefore, as per the DH, JD is still residing at the same address and is in wilfull
disobedience and evasion of the decree. Application is supported by the affidavit of
the branch manager. Copy of the evidence by way of affidavit filed by JD Sangeeta
Babbar in CS (Comm) No.162/2022 which is pending in the Court of Ld. District
Judge, Commercial Court-03, Shahdara District, KKD Court, Delhi, in which JD
has given her address as R/o. H.No.X/1237, First Floor, Gali No.1, Raj Garh
-- 1 of 2 --
Colony, Gandhi Nagar, Delhi-110031 is also filed. The said affidavit has been
attested on 19.05.2025. JD had also filed objections in the present execution
petitions in September, 2024 and in the affidavit annexed along with the said
objection, also, JD has given her address as R/o. H.No.X/1237, First Floor, Gali
No.1, Raj Garh Colony, Gandhi Nagar, Delhi-110031. Thus, JD Sangeeta Babbar is
residing at the said address.
Clearly, the JD is evading the process of law. However, as JD is a
lady, warrant of arrest cannot be issued.
Application filed by the DH is allowed and disposed off accordingly.
Issue Warrant of Attachment of the movable goods of the JD at the
address of JD H.No.X/1237, First Floor, Gali No.1, Raj Garh Colony, Gandhi
Nagar, Delhi-110031, on filing of PF as per rules, returnable on 02.07.2025.
DH to appear before the Ld. ACJ, Shahdara District, KKD Court,
Delhi on 05.06.2025.
In case, premises is found locked then, the bailiff shall be within his
power to break open the lock of the premises for the execution of warrant of
attachment of the movable goods. Also SHO concerned is directed to provide two
police officials for assistance of the bailiff and the DH, at the time of execution of
warrant of attachment of movable goods and ensure that one of the police official
should be a lady police official.
Further, it is directed that in case, JD or any person on behalf of JD
obstructs the execution of warrant of attachment of the movable goods of the JD,
then the SHO concerned shall be within his power to register an FIR under
appropriate provision of the BNS, 2023 regarding obstructing a public servant in
discharging of official duty.
Copy of the order be attached along with the warrant of attachment of
movable goods and be also given dasti.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi /31.05.2025.
-- 2 of 2 --