Order 18

Order Details: COPY OF ORDER
Pdf Text: Execution (Comm.) 140/24
PANJAB NATIONAL BANK Vs. Prince Babbar M/S.ROYAL
BABBAR JEWWLLERS
11.06.2025
Present : Sh. B.K. Mishra, Ld. Counsel for the DH (through VC).
Sh. Rahul Bhagat, Ld. Counsel for the JD (through VC).
Sh. Rajeev Kumar Thakur, Senior Manager of the DH
Bank.
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.
Today, the Senior Manager of the DH bank has 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.
Ld.Counsel for the JD has 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 has 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 cannot extend the time for making payment.
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The Ld. Counsel for the DH has submitted that now the JD
has to pay the entire amount under execution. Ld. Counsel for the DH
has also submitted that Decree Holder bank had already deposited Rs.
300/- being subsistence allowance for detaining this JD in civil
imprisonment and submitted that he will deposit more subsistence
allowance for detaining this JD in the civil imprisonment and seeks
adjournment for tomorrow.
This court given the opportunity to the Ld. Counsel for the
JD to argue on this application filed under Section 151 of CPC for
waiving of the cost. But, in the given situation, he has submitted that the
JD has moved this application for waiving of the cost, as he was desirous
to settle the matter and he had made part payment of the settled amount,
but, as both the cheques of Rs. 3,00,000/- each given by the JD to the DH
bank have already been dishonoured, so he has shown his helplessness to
make any submission on this application.
At this stage, Mr. Mishra has left the VC and Mr. Ambhuj
has appeared through VC and submitted that Mr. Mishra has attended
another court and he is not aware about the facts of the present case.
So, this matter stands adjourned for consideration on this
application for waiving of the cost, deposit of more amount of
subsistence allowance and consideration for issuance of warrants of
arrest against the JD.
To come up on 12.06.2025.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/11.06.2025
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