Order 10

Order Details: COPY OF ORDER
Pdf Text: 2 Execution (Comm.) 140/24
PANJAB NATIONAL BANK Vs. Prince Babbar M/S.ROYAL BABBAR
JEWWLLERS
29.01.2025
Present: Sh. Devendra Saran Saxena, Ld. Counsel for the DH.
Sh. Karan Babbar, Brother of the JD Prince Babbar.
JD absented.
The matter is fixed for awaiting the report on the
warrants of arrest issued against the JD, for payment of the under
amount under execution, for filing of the affidavit regarding entire
assets by the JD and also for payment of the cost. Warrants of arrest
issued against the JD on his address of Gandhi Nagar, Delhi is
received back unexecuted. It is reported by the headconstable, who
had gone for execution of warrants of arrest against the JD that
mother of the JD had met him, who has told that JD lives at
Panchkula (Haryana) and it is also reported on warrants that most of
the staff is there in the election cell at New Delhi arrangements and
in view of paucity of staff in the police station, the said serving
constable could not go to the Panchkula (Haryana) for execution of
warrants of arrest against the JD.
Today, the JD has failed to appear and his brother
namely Karan Babbar has appeared , he has filed one Sanction letter
of OTS, which reveals that settlement has been arrived at 8,00,000/-
and remaining amount of Rs. 6,40,000/- will be paid by the JD till
02.03.2025 and brother of the JD has told to the court that manager
of the DH had told him that the amount of cost earlier imposed on
the JD is included in the settled amount. But, Ld. Counsel for the
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DH has disputed the same and submitted that JD is not filing his
affidavit of assets despite of giving number of opportunities to him
and he is also not paying the cost and he is avoiding his arrest also
and he is not coming to the court and brother of the JD is misleading
to the court, so, the Ld. Counsel for the DH has submitted that he
will call to the manager of the DH bank and sought passing over the
matter
Accordingly,Matter stands pass over till 11:30 AM at the
request of the Ld. Counsel for the DH.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/29.01.2025
At 11:30 AM.
Present: Sh. Devendra Saran Saxena, Ld. Counsel for the DH
along with Sh. Rajeev Kumar Thakur, Senior Manager of
the DH bank.
Sh. Karan Babbar, Brother of the JD Prince Babbar.
JD absented.
The matter is fixed for awaiting the report on the
warrants of arrest issued against the JD, for payment of the under
amount under execution, for filing of the affidavit regarding entire
assets by the JD and also for payment of the cost. Warrants of arrest
issued against the JD on his address of Gandhi Nagar, delhi is
received back unexecuted. It is reported by the headconstable, who
had gone for execution of warrants of arrest against the JD that
mother of the JD had met him, who had told that JD lives in
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Panchkula (Haryana) and it is also reported on warrant that most of
the staff is there in the election cell and New Delhi arrangement and
in view of paucity of staff in the police station, the said serving
constable could not go to the Panchkula (Haryana) for execution of
warrants of arrest against the JD.
Today, the JD has failed to appear and his brother
namely Karan Babbar has appeared and at the time of first call, he
had filed one Sanction letter of OTS, which reveals that settlement
has been arrived at between the parties for an amount of Rs.
8,00,000/- and remaining amount of Rs. 6,40,000/- will be paid by
the JD till 02.03.2025 and brother of the JD had told to the court
that manager of the DH had told him that the amount of cost earlier
imposed is included in the settled amount. But, Ld. Counsel for the
DH had disputed the same and submitted that JD is not filing his
affidavit of assets despite of giving number of opportunities and he
is avoiding his arrest also and he is not coming to the court and
brother of the JD is misleading to the court that the amount of cost
is included in the settled amount of Rs. 8,00,000/- so, the Ld.
Counsel for the DH had submitted that would call the manager of
the DH bank and sought passing over the matter and accordingly the
matter was passed over. On calling the case at 11:30 AM the Senior
manager of the DH bank namely Sh. Rajeev Kumar Thakur has
appeared and told to the court that DH bank has never told to the JD
or his brother that the amount of cost earlier imposed on the JD is
included in the settled amount of Rs. 8,00,000/-. Thus, it is clear that
this brother of the JD had spoken lie in the court. Ld. Counsel for
the DH has submitted that heavy cost may be imposed on the JD for
his conduct and for the conduct of his brother in the court. Since
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the JD is not appearing in the court, he is also not filing his affidavit
of the assets, brother of the JD is misleading to the court, so, the JD
is burdened with the cost of Rs. 50,000/- to be paid to the DH on the
next date of hearing.
Matter stands adjourned for filing of the affidavit of
entire assets of the JD and also for payment of the entire cost.
Warrants of arrest are also ordered to be issued against the JD, (as
the JD is not paying the cost) on both the addresses. DH is directed
to take steps for issuance of warrants of arrest against the JD within
02 days from today
The warrants of arrest against the JD are ordered to be
executed by the SHO concerned, which are returnable on
14.02.2025.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/29.01.2025
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