Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: Execution (Comm.) 140/24
PANJAB NATIONAL BANK Vs. Prince Babbar M/S.ROYAL
BABBAR JEWWLLERS
24.10.2024
Present: Sh. Devender Saran Saxena, Ld. Counsel for the
DH.
Sh. Deepak Garg, Ld. Counsel for the JD (Through
VC).
Sh. Abhi Vanshu Jaiswal, on behalf of the JD.
The matter is fixed for payment of the amount under
execution by the JD and the payment of cost of Rs. 10,000/- by
the JD to the DH and also for filing of affidavit regarding
movable/imovable properties and details of his all the bank
accounts by the JD. The JD was called upon through bailable
warrant, but the bailable warrant issued against the JD is received
back with the report that the same has been served through
mother of the JD, but JD has failed to appear.
Today, Sh. Abhi Vanshu Jaiswal has appeared on
behalf of the JD and filed photocopies of submission of offer for
one time settlement and one receipt and the Ld. Counsel for the JD
has appeared through VC and Ld. Counsel for the JD submitted
that yesterday the JD had gone to the DH bank to settle the present
matter and made offer to settle the present matter for a total amount
of Rs. 6,00,000/- and he had deposited Rs. 1,20,000/- in the DH
bank and he has submitted that the matter may be adjourned for
some other day and JD will appear and file the affidavit of his
immovable/immovable properties and details of his all bank
account on the next date of hearing. But, the Ld. Counsel for the
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DH submitted that since the JD failed to appear despite of
execution of bailable warrants and JD has also failed to make the
payment of cost and amount of under execution despite of
passing of more than one and half of year of the judgment and
decree under execution and prayed for imposing of heavy cost as
the offer of the JD has not yet been accpeted by the DH Bank.
Since the JD has failed to file his affidavit of
movable/immovable properties and details of his bank accounts.
He has also failed to appear in the court. So, fresh bailable
warrants in sum of Rs. 5000/- are ordered to be issued against the
JD. Same are ordered to be executed through SHO concerned.
DH is directed to take steps for issuance of bailable warrant
within 02 days from today.
In view of the request made by the Ld. Counsel for
the JD, matter is ordered to be listed for filing of the affidavit of
movable/immvobale properties of the JD and details of his all
bank account, for payment of cost of Rs. 10,000/-, for payment
of the amount under execution and also for personal appearance
of the JD
To come up on 13.11.2024.
PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/24.10.2024
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