IN THE COURT OF SH. XXXX; DISTRICT JUDGE (COMMERCIAL COURT)-02; NEW DELHI DIST., PATIALA HOUSE COURTS; NEW DELHI.

EX. PETITION (COMM.) NO.______ OF 2024.

IN

 CS (COMM) No. xxxx/2023.

IN THE MATTER OF:

XXXX                           : DECREE HOLDER

VERSUS

XXXX

Through its Prop. Xxxx  : JUDGMNT. DEBTOR

INDEX

DELHI                                                        DECREE HOLDER

THROUGH

DATED

XXXX

ADVOCATES AND LEGAL CONSULTANTS

xxxx

PHONE: xxxx

EMAIL: xxxx

IN THE COURT OF SH. XXXX; DISTRICT JUDGE (COMMERCIAL COURT)-02; NEW DELHI DIST., PATIALA HOUSE COURTS; NEW DELHI.

EX. PETITION (COMM.) NO.______ OF 2024.

IN

 CS (COMM) No. xxxx/2023.

IN THE MATTER OF:

XXXX                           : DECREE HOLDER

VERSUS

XXXX

Through its Prop. Xxxx  : JUDGMNT. DEBTOR

MEMO OF PARTIES

XXXX

xxxx.

Through AR Xxxx

xxxx             DECREE HOLDER

VERSUS

XXXX

THROUGH ITS PROPRIETOR

XXXX,

xxx

MOB: xxxxx

ALSO AT:

xxxxx

xxxxx                   JUDGMENT DEBTOR

-------------------------------------------------------------------------------------

                                                          DECREE HOLDER

THROUGH

XXXX

ADVOCATES AND LEGAL CONSULTANTS

xxxxx

PHONE: xxx

EMAIL: xxxx

DELHI

DATED

IN THE COURT OF SH. XXXX; DISTRICT JUDGE (COMMERCIAL COURT)-02; NEW DELHI DIST., PATIALA HOUSE COURTS; NEW DELHI.

EX. PETITION (COMM.) NO.______ OF 2024.

IN

 CS (COMM) No. xxxx/2023.

IN THE MATTER OF:

XXXX

xxxx.

Through AR Xxxx

xxx                       DECREE HOLDER

VERSUS

xxx

THROUGH ITS PROPRIETOR

XXXX,

xxxx

ALSO AT:-

xxx

xxx                       JUDGMENT DEBTOR

EXECUTION PETITION UNDER ORDER XXI RULE 10, 30, AND 41 OF CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE DECREE HOLDER FOR EXECUTION OF JUDGMENT / DECREE DATED 19.12.2023 PASSED BY LD. DISTRICT JUDGE (COMMERCIAL COURT)-02 NEW DELHI DISTRICT, PATIALA HOUSE COURTS NEW DELHI IN CS (COMM.) NO.xxxx/2023 AGAINST THE JUDGMENT DEBTOR.

MOST RESPECTFULLY SHOWETH:

1.                 That the instant petition is filed by Xxxx. (hereinafter referred as “Decree Holder”) under Order XXI Rule 10, 30 and 41 of the Code of Civil Procedure, 1908, read with Section 151 of the Code of Civil Procedure, 1908, seeking execution of the Judgment / Decree dated 19.12.2023 (hereinafter referred as “Decree”) passed by Ld.  District Judge Sh.Xxxx against the Judgment Debtor.

2.                 That the Decree Holder is a company duly incorporated under the Companies Act, 1956. The decree holder company is engaged in providing services through a combination of world-class infrastructure, logistics operation along with the highest quality and cutting-edge engineering and technology capabilities and enjoys good reputation in national and international market. The instant petition for execution of the decree dated 19.12.2023 is filed by the Decree Holder through its authorized representative, Xxxx who is competent to inter alia sign, verify and file the instant petition vide board resolution dated ……..2024 for and behalf of the Decree Holder. A copy of the board resolution dated …….2024 authorizing Mr. Xxxx is annexed herewith and marked as DOCUMENT-P1

3.                 That the Judgment Debtor is a proprietorship firm being managed and operated by its sole proprietor, namely xxxx. The Judgment Debtor, through its Proprietor and authorized representatives approached the Decree Holder and after numerous rounds of discussions between the parties, the Judgment Debtor had entered into a contractual framework with the Decree Holder, and subsequently the Judgment Debtor engaged the Decree Holder for providing Services to the Judgment Debtor. That for the supply of Services by the Decree Holder to the Judgment Debtor, the parties had entered into a Service Agreement dated 24^th January 2020.

4.                 That the Decree Holder prays for the execution of the Award, the particulars whereof are stated in the columns hereunder:-

OTHER RELEVANT INFORMATION

The Decree Holder respectfully submits that:

A.      That the Ld. District Judge was pleased to pass Decree in favor of the Decree Holder vide judgment / Decree dated 18.12.2023 held that:

“i)      The plaintiff is entitled to recover Rs.31,19,777/ (Rupees Thirty One Lakh, Nineteen Thousand Seven Hundred and Seventy Seven only);

(ii.)    pre-suit interest is awarded @ 18% per annum in terms of clause 5.4 of the Agreement (Ex.PW1/3) executed between the parties, from the due date of individual outstanding bill till the date of filing of the suit;

(iii.)   pendente lite interest is awarded @ 10% per annum from the date of filing of the suit till date of judgment;

(iv.)   future interest is awarded @ 10% per annum from the date of judgment till its realisation;

(v.) Cost of the suit is also awarded in favour of the plaintiff”

B.      That there is no stay order from any superior court against the execution of the Decree dated 18.12.2023 passed by Ld. District Judge.

C.      The Decree Holder submits that the said award is enforceable as a decree of this Hon'ble Court under Section 36 of the Act read with provisions of Code of Civil Procedure, 1908 and is executable as such there being no stay order against the operation of the Decree, the said Decree is executable.

D.      That the Judgment Debtor has neither paid nor deposited the above said decretal amount till date.

E.       That as per the knowledge of the Decree Holder, the Decree Debtor has one of the Bank Accounts at …………. Further, the Decree Debtor maintains a Bank Account ………., the details of which are unknown to the Decree Holder.

F.       For the assistance of this Hon’ble Court, the award holder hereby presents the calculation of the total amount as granted by the Ld. District Judge. Attached herewith is a table detailing the amount to be paid by the Decree Holder as of 19.09.2024.

G.      It is pertinent to note that the aforementioned table delineates the amount payable as of 19.09.2024. The interest accruable to the Plaintiff from the Defendant amounts to Rs.31,19,777/-, along with pre-suit interest @18% on the amount held payable from the due date of individual outstanding bill ie. July, 2020 till the date of filing of Suit i.e. 27.03.2023; which stands total at ……. along with pendent lite and future interest @18% p.a., subsequently from 23.03.2023, the commencement date of suit proceedings, pendente lite, until the issuance of the award, and thereafter, until the full payment or realization of the sum by the Plaintiff from the respondent. Hence, until the decree holder is fully compensated, the accrual of interest will persist.

JURISDICTION:-

H.      That the Decree Holder submits that the Decree under execution was passed by Ld. District Judge, New Delhi District, Patiala House Courts, New Delhi which falls within the territorial jurisdiction of this Hon'ble Court and amount which decreed by the Ld. District Judge is not more than 2 Crores. Pertinently, the proceedings were conducted before the Ld. Trial Court. It is relevant to mention that the Decree was passed by this Hon’ble Court and therefore, this Hon'ble Court has the requisite territorial and pecuniary jurisdiction to entertain the present petition.

I.         That the present Execution Petition is valued at Rs.31,19,777/-. Therefore, this Hon'ble Court has the pecuniary as well as Territorial jurisdiction to adjudicate the present petition.

J.         The Decree Holder seeks the leave of this Hon'ble Court to rely upon the documents annexed hereto as well as the documents filed before the Ld. District Judge and reserves its right to raise such other and further grounds in support of the petition as may be available to it and also craves leave to refer and rely upon relevant documents for the purpose of the present execution petition with the leave of this Hon'ble Court.

K.      The subject matter of the present petition is a commercial dispute under Section 2(1)(c) of the Commercial Courts, Commercial Division. Thus, this court is competent to adjudicate the present Petition.

L.       The present petition is not barred by limitation and is bonafide and for the ends of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:

A.   Grant the Decree Holder its rightful dues qua the Decree/ Judgment dated 18.12.2023 to the tune of Rs. 31,19,777/- along with pre-suit interest @18% p.a. in terms of clause 5.4 of the Agreement (Ex.PW1/3) executed between the parties, from the due date of individual outstanding bill i.e. July, 2020 till the date of filing of Suit i.e. 27.03.2023; which stands total at ……. along with pendent lite and future interest @18% p.a.; and/or

B.    Direct the Judgment Debtor to disclose the bank accounts held by it with various financial institutions; and/or

C.    Appoint the investigating officer to conduct a comprehensive inquiry into the debtor’s assets, including bank accounts, properties, and other valuable assets; and/or

D.   Issue warrants of attachment for freezing of bank accounts and any other asset of the Judgment Debtor as well as their special purpose vehicle companies; and/or

E.    Pass directions for sale of movable and immovable properties of the Judgment Debtor in order to realize the awarded amount; and/or

F.     Issue a warrant of attachment on amounts/income receivable by the judgment debtor, as well as their special purpose vehicle companies, from Defendant.

G.   Stay of any transfer or disposal of assets by the judgment debtor/Defendant, as well as their special purpose vehicle companies, until the decree is satisfied; and/or

H.   Any other or such further order(s) as this Hon'ble Court may deem fit and proper, may also be passed.

DELHI                                                   DECREE HOLDER

THROUGH

DATED

                                 XXXX

ADVOCATES AND LEGAL CONSULTANTS

xxx

PHONE xxxx

EMAIL: xxx

IN THE COURT OF SH. XXXX; DISTRICT JUDGE (COMMERCIAL COURT)-02; NEW DELHI DIST., PATIALA HOUSE COURTS; NEW DELHI.

EX. PETITION (COMM.) NO.______ OF 2024.

IN

 CS (COMM) No. xxxx/2023.

IN THE MATTER OF:

XXXX                           : DECREE HOLDER

VERSUS

XXXX

Through its Prop. Xxxx  : JUDGMNT. DEBTOR

AFFIDAVIT

Affidavit of Xxxx, AR of Xxxx, having regd. Office at xxxxxx., do hereby solemnly affirm and declare as under:

1.                 That I am the Authorized Representative of the Decree Holder / Plaintiff company vide Board Resolution dated …….2024 and am fully conversant with the facts leading to filing the accompanying petition and I am competent to swear this Statement.

2.                 That the accompanying execution petition has been drafted by the counsel of decree holder under my instructions. The said contents of are true and correct and the same are not being reproduced herein for the sake of brevity and the same may be treated as part and parcel hereof.

3.                 That there is no stay order from any superior court against the execution of the decree.

DEPONENT

VERIFICATION:

          Verified at Delhi on this ___ day of September, 2024 that the contents of my above affidavit are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF SH. XXXX; DISTRICT JUDGE (COMMERCIAL COURT)-02; NEW DELHI DIST., PATIALA HOUSE COURTS; NEW DELHI.

EX. PETITION (COMM.) NO.______ OF 2024.

IN

 CS (COMM) No. xxxx/2023.

IN THE MATTER OF:

XXXX                           : DECREE HOLDER

VERSUS

XXXX

Through its Prop. Xxxx  : JUDGMNT. DEBTOR

STATEMENT OF TRUTH BY PETITIONER

Affidavit of Xxxx, AR of Xxxx, having regd. Office at xxxx., do hereby solemnly affirm and declare as under:

1.                 That I am the Authorized Representative of the Decree Holder / Plaintiff company vide Board Resolution dated ……..2024 and am fully conversant with the facts leading to filing the accompanying petition and I am competent to swear this Statement.

2.                 That I am sufficiently conversant with the facts of this case and have also examined all relevant documents and records in relation thereto.

3.                 That the contents of para 1 to ____ of the accompanying petition are true and correct based on information received. The last paragraph of the accompanying petition is a prayer to this Hon’ble Court.

4.                 I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant to the present petition.

5.                 I say that the above-mentioned pleading comprises of a total of ___ pages, each of which has been signed by me.

6.                 I saw that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the Petitioner have been disclosed and copies thereof annexed with the petition, and that I do not have any other document in my power, possession, control or custody.

7.                 I say that I am aware that for any false statement or concealment, I shall be liable for any action taken against the Petitioner under the law.

DEPONENT

VERIFICATION

Verified at New Delhi on this ____ day of September, 2024 that the contents of the above affidavit are correct to my knowledge, no part of it is false and nothing has been concealed therefrom.

DEPONENT