Order 9

Order Details: COPY OF ORDER
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2 Execution (Comm.) 140/24
PANJAB NATIONAL BANK Vs. Prince Babbar M/S. ROYAL
BABBAR JEWWLLERS
15.01.2025
Present: Sh. Devender Saran Saxena, Ld. Counsel for the DH.
Sh. Rahul Bhagat, Ld. Counsel for the JD.
The matter is fixed for awaiting the report on the warrant of arrest
issued against the JD, the same is received back with the report unexecuted, as it is
reported that JD is not available on his address of Delhi and in view of paucity of
time, arrangement of RD Prade and in view of RD Prade arrangement he could not
go at the address of the JD at Kalka, Punchkula (Haryana). Today, Ld. Counsel for
the DH and Ld. Counsel for the JD have appeared in the Court. But, JD has failed
to appear. Ld. Counsel for the JD has filed his memo of appearance and submitted
that JD has deposited an amount of Rs.1,60,000/- in the DH Bank on 02.01.2025
and he has also filed the copy of OTS offer made to the DH Bank, but, the JD has
failed to appear in this Court. Ld. Counsel for the DH has submitted that JD has
failed to file affidavit regarding entire assets. He has also failed to pay the amount
under this execution petition and also failed to pay the cost and earlier the bailable
warrant were issued against the JD were executed, but, despite of execution of
bailable warrant against him, he did not appear in this Court and this Court has
already allowed the application filed by the DH Bank u/o 21 Rule 38 of CPC and
under Section 58 r/w Section 151 of CPC. He has also submitted that since the JD
has failed to pay the previous cost of Rs.25,000/- and the amount under this
execution petition is more than Rs. 18,00,000/-. So, in view of none filing of
affidavit regarding his assets, the heavy cost may be imposed on the JD as the
decree was passed about two years back and the JD is making mockery of justice.
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Taking into consideration the submission made by the Ld. Counsel for the DH and
the overall conduct of the JD who is adopting delaying tactics, so this time cost of
Rs.50,000/- is imposed on the JD. Same is ordered to be paid to the DH Bank, as
in the case in hand decree of Rs.11,17,965.09 paise alongwith interest @ 10.70 %
per annum was passed by the Ld. Predecessor of this Court on date 25.02.2023,
but, the JD has failed to comply with the same. JD is also not appearing in the
Court and this court has asked to the Ld. Counsel for the JD as to whether JD can
filed his affidavit regarding his entire assets, on this, he has submitted that JD is
away at Kalka in Haryana so, he is unable to file the same. So, fresh warrant of
arrest are also ordered to be issued against the JD on his all addresses, on taking
the steps by the DH within two days from today. The warrant of arrest to be issued
against the JD are returnable on 29.01.2025.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/15.01.2025
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