Order 8

Order Details: COPY OF ORDER
Pdf Text: 2 Execution (Comm.) 140/24
PANJAB NATIONAL BANK Vs. Prince Babbar M/S.ROYAL BABBAR
JEWWLLERS
02.12.2024
Present: Sh. Devender Saran Saxena, Ld. Counsel for the DH along
with Sh. Rajeev Kumar Thakur, Senior Manager of the
DH bank.
Sh. B.K. Mishra, Ld. Counsel for the DH (through VC)
Sh. Tarun Aggarwal along with Mohd. Junaid Malik, Ld.
Counsel for the surety of the JD namely Karan Babbar.
None for the JD.
Earlier, the matter was fixed for 27.11.2024 for payment of
the amount under execution, payment of cost, for filing of the affdiavit by
the JD regarding his immovable/movable properties, details of bank
accounts and statement of accounts. The JD was called upon through
bailable warrants. The bailable warrant issued against the JD was
received back with the report executed. But, the JD did not appear despite
of execution of bailable warrants.
On that day, ld. Counsel for the JD had appeared in the
court and filed memo of appearance and sought adjournment on the
ground of illness of the JD. He had also filed medical certificate dated
24.11.2024 issued by Dr. Binod Choubey and submitted that the JD was
suffering from fever and he had also submitted that JD has already settled
the matter with the DH. Ld. Counsel for the DH had appeared through
VC and submitted that no settlement has been arrived at with the DH
bank and submitted that this JD was making call to his Junior Advocate
namely Sh. Devender Saxena a day before that day and he has submitted
that JD was quite well and the counsel for the JD had filed false and
fabricated medical certificate on that day in the court and submitted that
JD is delibrately delaying the present execution and he is not paying the
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amount under execution and he is also not filing affidavit of his
movable /immovable properties and despite of execution of bailable
warrants.
Since the medical certificate filed on that day by the Ld.
Counsel for the JD was bearing dated 24.11.2024 and no medical
documents was filed in the court to show that JD was not able to appear
in the court on that day i.e. on 27.11.2024 or he was suffering from
serious illness or he was hospitalized. Since the bail bond of the surety
bond were received with the report on the bailable warrant and surety
namely Karan Babbar had also failed to produce the JD Prince Babbar,
so, penalty of Rs. 5000/- was imposed on Karan Babbar as mentioned in
the surety bond and penalty of Rs. 5000/- was also imposed on the JD as
mentioned in the personal bond executed by him.
On dated 27.11.2024, the Ld. Counsel for the DH had filed
an application for issuance of warrants of arrest against JD and for
seeking permission to deposit the subsistence allowance. Copy thereof
was supplied to the Ld.Counsel for the JD. Sh. Tarun Aggarwal, Ld.
Counsel for the JD, who had appeared and filed memo of appearance of
behalf of the JD and who had submitted the JD has deposited Rs.
1,20,000/- on 23.10.2024 with the one time settlement offer. The Counsel
for the DH had submitted that said offer has already been rejected by the
DH bank. But as the ld. Counsel for the JD had sought time to comply
with the orders of the court.
In the interest of justice, one more opportunity was granted
to the JD to pay the entire amount under execution, pay the entire costs
and penalty an amount of Rs. 5000/- as mentioned in the personal bond
furnished by the JD at the time of execution of bailable warrant against
him and also for filing affidavit regarding his movable/immovable
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properties, details of his bank accounts and statements of bank account,
but subject to another cost of Rs. 20,000/- to be paid to the DH along
with other amount of costs and penalty. His surety Karan Babbar, who
had also furnished surety of Rs. 5000/- at the time execution of bailable
warrant against the JD was also called upon for the next date of hearing
i.e. 29.11.2024 to pay the amount of penalty of Rs. 5000/- for the next
date of hearing and in view of the request made by the Ld. Counsel for
the JD, the application filed by the DH for issuance of warrants of arrest
against the JD and for deposit of subsistence allowance was kept in
abeyance till the next date of hearing and matter was adjourned for on
29.11.2024 and JD was directed to remain present on the next date of
hearing.
On 29.11.2024, I was on leave for first half day, so, the reader of
this court had adjourned for the matter. On dated 29.11.2024, JD did not
appear. His surety had appeared.
Today, the JD did not appear and Sh. Tarun Aggarwal, counsel for
the JD has pleaded no instructions on behalf of the JD and filed
vakalatnama for Sh. Karan Babbar, who stood surety for the JD at the
time of execution of bailable warrants against the JD. Sh. Karan Babbar
surety of the JD has also appeared and deposited the amount of
penalty/fine of Rs. 5000/- as mentioned in the surety bond, a receipt
under my signature has issued to Karan Babbar and he is also discharged.
Sh. Tarun aggarwal, Ld. counsel for the JD is also
discharged in view of his statement recorded today in the court.
Ld. Counsel for the DH has pressed his application earlier
filed by the DH for issuing of warrants of arrest against JD and also for
depositing of subsistence allowance for putting the JD in civil
imprisonment in view of non payment of the amount under execution.
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Earlier this court had issued bailable warrants against this
JD in sum of Rs. 5000/- But this JD had failed to appear on 27.11.2024
and even today, so, warrants of arrest are ordered to be issued against the
JD on all the addresses available on the judicial record. Ld. Counsel for
the DH submitted that he may be allowed to deposit subsistence
allowance for a week for sending this JD in the civil imprisonment.
Accordingly, the application filed by Ld. Counsel for the DH on dated
27.11.2024 under Order 21 Rule 38 and under Section 58 r/w Section 151
of CPC stands allowed.
The DH is directed to deposit the subsistence allowance for
one week for sending the JD in the civil imprisonment within 02 days
from today and on filing of the reciept of deposit of subsistence
allowance and also on taking of steps by the DH, the warrants of arrest
are ordered to be issued against the JD on all the addresses of the JD
available on the record. The warrants of arrest to be issued against the JD
are order to be executed through concerned SHO.
The warrants of arrest to be issued against the JD are
returnable on 15.01.2025.
(Pawan Kumar Matto)
District Judge, Commercial Court-04
Shahdara, Karkardooma
Delhi/02.12.2024
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