IN THE COURT OFxxx, LD. ADJ-02;

WEST DIST., TIS HAZARI COURTS, DELHI.

I.A. NO. ____ OF 2023.

IN

EX. NO. xxx OF 2023.

(C.S. NO.xxx/2022)

IN THE MATTER OF:-

XXX …DECREE HOLDER

VERSUS

XXX           …JUDGMENT DEBTOR

N.D.O.H.: xxx

APPLICATION ON BEHALF OF THE APPLICANT / DECREE HOLDER UNDER ORDER 21 RULE 37 AND 38 READ WITH SECTION 151 OF C.P.C.

MOST RESPECTFULLY SHOWETH:-

1.                 That the above noted execution petition is pending before the Hon’ble Court for filing of the present application for xxx.

2.                 That vide order dated xxx, this Hon’ble Court had issued warrant of attachment against the movable assets of judgment debtor to the extent of the decreetal amount lying in his property bearing No. Xxx and adjourned the matter for 27.07.2023 before Ld. ACJ for appointment of the bailiff and for 18.09.2023 to the report of execution of warrant of attachment.

3.                 That Ld. ACJ (West), Delhi appointed the bailiff to execute the decree and accordingly the bailiff appointed by the Hon’ble Court alongwith Decree Holder visited to the aforesaid address to the judgment debtor to execute the warrant of attachment of movable assets of the judgment debtor and but the judgment debtor did not found there after inquiry from neighbors it was informed that judgment debtor were the sold his property recently. It is pertinent to note herein that the judgment debtor shifted the goods/ movable assets from his house to other place and also sold out his present property.

4.                 That having left with no option, the bailiff and the Decree Holder returned from the house of the Judgment Debtor with empty hands and in these circumstances the warrant of attachment has been returned to this Hon’ble Court unexecuted by the bailiff as the judgment debtor were sold out his present property.

5.                 That on 18.09.2023 report of the Bailiff perused before this Hon’ble Court and Ld. Counsel for the Decree Holder also filed details of assets / bank account of the Judgment Debtor, this Hon’ble Court issue warrant against the attachment of bank account of judgment debtor and adjourned the matter for 01.12.2023.

6.                 That the bailiff to execute the decree visited bank of the judgment debtor where bailiff was informed by the Branch Manager of the Bank that the account of the judgment debtor is in negative balance (minus Rs.10,000/-), which report has been filed this Hon’ble Court by the Xxx.

7.                 That on the last date of hearing i.e. on 01.12.2023 report of xx perused before this Hon’ble Court and the Decree Holder also submits that he has no knowledge about any other property in the name of the judgment debtor as he was already sold his properties. It is pertinent to mention herein that judgment debtor very well aware about the present proceeding going on against him. Hence, the present application for warrant of arrest for sending the judgement debtor to civil imprison.

8.                 It is submitted that the judgment debtor deliberately, intentionally and malafidely not appearing before this Hon’ble Court and he also in talking terms with the decree holder still he saying that he will pay the money. Thus it is clear that the judgment debtor is watching the proceeding of the Hon’ble Court as he knew about the visit of the bailiff and intentionally sold out his property as well as maintaining negative balance.

9.                 That in fact the judgment debtor is a man of means and voluntary and intentionally avoiding to make the payment of the decreed amount.

10.            That the decree holder respectfully submits that in view of the conduct and attitude of the judgment debtor it is clear that the judgment debtor lingering on the matter and nothing else and does not want to pay the amount of the decree to the decree holder.

11.            That in the aforesaid circumstances, there is no option except to arrest and detention in civil prison to the judgment debtor for the execution of the decreed amount. The decree holder undertakes to deposit the diet money in this respect as per law as and when the Hon’ble Court will direct for civil imprisonment of the judgment debtor.

PRAYER

It is therefore, most respectfully prayed that this Hon’ble Court may be pleased to issue warrant of arrest against the judgment debtor in the interest of justice.

Any other (s) or further order (s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the decree holder and against the judgment debtor.

DELHI                                                       DECREE HOLDER

THROUGH

DATED

xx

ADVOCATE

xxx,

xxx

Email: xxxx

Mob. xxx

IN THE COURT OF xxx, LD. ADJ-02;

WEST DIST., TIS HAZARI COURTS, DELHI.

I.A. NO. ____ OF 2023.

IN

EX. NO. xxx OF 2023.

(C.S. NO.xxx/2022)

IN THE MATTER OF:-

XXX …DECREE HOLDER

VERSUS

XXX           …JUDGMENT DEBTOR

AFFIDAVIT

I, Xxx S/o Xxx, aged about xxx Years R/o xxxx, do hereby solemnly affirm and declare as under:-

1.                 I state that I am the decree holder in the aforementioned case and hence competent to swear this affidavit.

2.                 That the contents of the accompanying application are true and correct to my knowledge and belief and same has been drafted by my counsel under my instructions. The contents of the same may be read as part and parcel of this affidavit as such same are not repeated herein for the sake of brevity.

3.                 I state that there is no stay in any appeal/revision or any proceeding in respect of the judgment and decree dated 25.02.2023 passed by xx , Ld. District Judge; West Dist., Tis Hazari Courts, Delhi in Civil Suit No. xxx/2022 as no notice has been served upon me at any point of time.

4.                 I state that my above statement is true and correct.

DEPONENT

VERIFICATION:-

        Verified at Delhi on this ___ day of December, 2023 that the contents of Para 1 to 4 of the above affidavit are true and correct to my knowledge and no part of it is false and nothing has been concealed there from.

DEPONENT