Interim Order 11

Order Details: COPY OF ORDER
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1 Execution (Comm.) 140/24
PUNJAB NATIONAL BANK Vs. Prince Babbar M/S.ROYAL
BABBAR JEWELERS
10.02.2025
Present : Sh. Devender Saran Sharma, Ld. Counsel for the Decree Holder
(through VC).
Sh. Rahul Bhagat, Ld. Counsel for the Judgment Debtor .
The matter is already fixed for14.02.2025 for awaiting the report on the
warrant of arrest issued against the JD. In the meantime, on 06.02.2025 the Ld.
Counsel for the Judgment Debtor had filed an application u/s 151 of CPC for stay
/cancellation of warrant of arrest and also for waving of cost of Rs.1,00,000/- issued
against the JD. The notice of the said application was issued to the DH for today. The
notice issued. The notices issued to the DH is received back with report served.
Today on calling the case the Ld. Counsel for the Judgment Debtor has appeared in
the Court physically whereas the Ld. Counsel for the Decree Holder has appeared
through VC.
The Ld. Counsel for the JD has submitted that the matter has been
settled between the parties to the present lis for a total amount of Rs.8,00,000/- and
Rs. 1,60,000/- has already been paid and remaining amount of Rs. 6,40,000/- will be
paid by the JD to the DH by 2nd of March, 2025. He has also submitted that cost of
Rs.25,000/- has already been paid by the JD to the counsel for the DH on dated
02.02.2025 and submitted that the since the settlement has been arrived between the
parties, so the remaining amount of cost of Rs.1,00,000/- may be waived off and
warrant of arrest issued against the JD may be cancelled. The Ld. Counsel for the
Decree Holder who has appeared through VC has admitted that he has received
Rs.25,000/- by him in his account and submitted that till the payment of remaining
part of the settled amount, the cost may not be waived. He has admitted about the
settlement arrived at between the parties.
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Since, the JD was not paying the amount under execution for a
considerable period, so taking into consideration, such conduct of the JD remaining
amount of cost is not waived off till the next date of hearing. However, warrant of
arrest issued against the JD is cancelled and intimation to the SHO concerned may be
sent immediately regarding the cancellation of warrant of arrest issued against the JD.
Since, the JD has agreed to pay the remaining settled amount till 02.03.2025 so the
date earlier fixed as 14.02.2025 is cancelled and at the joint request of the Ld.
Counsels for the parties matter is ordered to be listed on 05.03.2025 for apprising to
the court regarding the payment of the remaining part of the settled amount by the JD
to the DH and also for consideration on the application for waving of the cost,
imposed upon the JD. Dasti order be given, if applied for.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/10.02.2025
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