Order 5

Order Details: COPY OF ORDER
Pdf Text: Execution (Comm.) 138/24
Punjab National Bank
Vs.
Sangeeta Babbar
15.10.2024
Present: Sh. Devender Saran Saxena, Ld. Counsel for DH appeared
physically in the court.
Sh. Rahul Bhagat, Ld. Counsel for defendant through VC.
DH has filed the present execution petition for recovery of
Rs.8,81,573.89/- as per judgment and decree dated 20.01.2024. Notice of the
execution petition was issued to the JD. JD appeared through counsel and had
filed objections to the present execution petition under Order XXI Rule 26, 58
read with Section 151 CPC stating that the ex parte decree has been procured by
misleading, misrepresenting and by concealment of facts by the DH. It is stated
that JD was never served with the summons of court and JD came to know about
the pendency of case only when the summons of the execution petition was
received. It is stated that JD is not having any immovable and movable property
and the husband of JD has already expired on 20.02.2023 due to ill health.
It is further stated that the business of M/s. Kanchuk, The Boutique, was run by
the husband of JD in the name of JD and said business has already been closed
and JD has spent all her savings in treatment of her husband. It is stated that
widow woman is not liable to pay any amount of loan as per settled law and she is
not having any immovable and movable property in her name and has not
inherited any property. Further, JD is presently residing at H.No. X/1237, First
Floor, Gali No.1, Raj Garh Colony, Gandhi Nagar, Delhi – 110031 and the said
property is also mortgaged, as loan was taken by the husband of JD on the said
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property. It is further stated that all the day to day expenses of JD are incurred
with the help of her parents and due to death of her husband, she has suffered
various health problem and is in depression since death of her husband.
Prayer has been made to dismiss the execution petition.
Along with the objection, affidavit of JD, statement of truth has been
filed and copy of the death certificate of Rajesh Babbar has been filed.
Reply has been filed by the DH to the objections of the JD denying
the averments as stated by the JD in the objections and praying that the objections
of the JD be dismissed.
Main suit file was also summoned.
Perusal of the main file reveals that the address of the JD on record is
the same which JD has admitted that she is presently residing at i.e. H.No.
X/1237, First Floor, Gali No.1, Raj Garh Colony, Gandhi Nagar, Delhi – 110031.
The JD/defendant was served with the summons by way of publication, however,
the summons issued through process server was received back with the report that
‘premises vacated 6 years back as per court order’. JD, however, has admitted
that she is available at the said address and she is residing at the said address.
JD was finally served by way of publication and had failed to appear. Though, the
decree against JD was ex parte, but, JD has not filed any application under Order
IX Rule 13 CPC for setting aside the said decree. The executing court is bound
by the decree, unless set aside.
As far as other averment i.e. JD is a widow woman and is not having
any immovable and movable property in her name is concerned, the same is not a
valid objection in law. JD has further stated that the business was run by her
husband, but, admittedly the business was run in the name of JD and the loan was
also taken by the JD. JD has nowhere stated that she has not taken loan, thus, it is
clear that the loan was taken by the JD, for her boutique and business. As the
decree is against the JD and the loan was availed by the JD, it is immaterial
whether she has inherited property from her husband or not.
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As far as the averment that the JD has spent all her savings in the
treatment of her husband is concerned, no document in support of these
averments has been filed. The JD is only trying to gain sympathy of the court by
filing these objections. All the objections as stated by the JD are not legal and are
unsustainable. Merely, because the JD is a widow woman is not a ground to not to
execute the decree. The objections filed by the JD are dismissed.
Issue warrant of attachment of movable goods of the JD on filing of
PF as per rules, returnable on 13.11.2024.
DH to appear before Ld. ACJ on 23.10.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 15.10.2024
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