Interim Order 19

Order Details: COPY OF ORDER
Pdf Text: 1 Execution
(Comm.) 140/24 PANJAB NATIONAL BANK Vs. Prince Babbar M/S.ROYAL
BABBAR JEWWLLERS
12.06.2025
Present : Sh. Devender Saran Saxena, Ld. Counsel for the DH.
None for the JD
Sh. Rajeev Kumar Thakur, Senior Manager of the DH Bank.
Yesterday, the matter is fixed for apprising to the court regarding the
encashment of cheques of Rs. 6,00,000/- given by the JD to the Decree holder bank to
settle the present matter and also for hearing arguments on the application for waiving of
the cost.
Yesterday, the Senior Manager of the DH bank had appeared in the court
and told to the court that JD had handed over two cheques of Rs. 3,00,000/- each dated
03.06.2025 to the DH bank and the same were presented and submitted that DH bank has
received the intimation regarding the dishonoured of both the cheques on dated
09.06.2025. He has also submitted that the SASTRA office (recovery department of the
DH bank) of the DH bank, had granted the time to this JD to pay the remaining part of
the settled amount till 03.06.2025, but this JD in a clandestine manner had handed over
of two cheques of Rs. 3,00,000/- each to the DH bank, but, the same have already been
dishonoured.
Yesterday, Ld.Counsel for the JD had appeared through VC and submitted
that some more time may be given to the JD for despositing the Rs. 6,00,000/- i.e. the
part of the settled amount.
On this, Senior Manager of the DH Bank had submitted that it is the
SASTRA, who had given time to the JD to deposit the said amount till 03.06.2025 and
submitted that he being Senior Manager of the DH bank, he cannot extend the time for
making payment of settled amount.
The Ld. Counsel for the DH has submitted that now the JD has to pay the
entire decreetal amount under execution. Ld. Counsel for the DH has also submitted
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that Decree Holder bank had already deposited Rs. 300/- being subsistence allowance for
detaining this JD in civil imprisonment and he had also submitted that he will deposit
more subsistence allowance for detaining this JD in the civil imprisonment and sought
adjournment for today.
Today, the counsel for the DH bank has filed an application under Order
21Rule 38 r/w Section 58 and 151 of CPC for issuance of warrants of arrest of the JD
and for seeking permission to deposit the subsistence allowance. Civil Nazir has verified
the same on the e-portal of the court. Ld. Counsel for the DH has submitted that DH is
desirous to deposit Rs. 800/-, as subsistence allowance. So, the DH is allowed to deposit
Rs. 800/- as subsistence for detaining the JD in the Civil Imprisonment.
Since today, despite of repeated calls, no one has appeared on behalf of the
JD, so, the application of the JD for waiving of the cost is dismissed for non prosecution.
Matter stands adjourned for filing of the reciept regarding the desposit of
subsistence allowance and also for issuance of warrants of arrest against the JD.
To come up on 02.07.2025.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/12.06.2025
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