IN
THE HON’BLE COURT OF, LD. ADJ,
TIS
HAZARI COURTS, DELHI
EXECUTION
NO. ______
In
the matter of:
XXXXX …….Decree Holder
Versus
XXXXX …….Judgment Debtor
INDEX
S. NO |
PARTICULARS |
PAGE NO. |
COURT FEE |
1 |
MEMO OF THE
PARTIES |
|
|
2 |
EXECUTION
PETITON ALONG WITH AFFIDAVT ON BEHALF OF DECREE HOLDER |
|
|
3 |
LIST OF
ARTICLES FOR ATTACHMENT |
|
|
4 |
TRUE TYPED
COPY OF ORDER DATED _________ |
|
|
DECREE HOLDER
DELHI
DATED THROUGH
COUNSEL
( XXXXX
& ASSOCIATES)
OFFICE NO. -
XXXXXX
MOB – XXXXX
IN
THE HON’BLE COURT OF, LD. ADJ,
TIS
HAZARI COURTS, DELHI
EXECUTION
NO. _______
In
the matter of:
XXXXX …….Decree Holder
Versus
XXXXX …….Judgment Debtor
MEMO
OF PARTIES
XXXXX
XXXXXXX …..DECREE HOLDER
VERSUS
XXXXX
XXXX
1. XXXXX
PROP. OF XXXXX …..JUDGMENT DEBTOR
DECREE HOLDER
DELHI
DATED THROUGH
COUNSEL
(XXXXX & ASSOCIATES)
IN
THE HON’BLE COURT OF, LD. ADJ,
TIS
HAZARI COURTS, DELHI
EXECUTION
NO. _____
In
the matter of:
XXXXX …….Decree Holder
Versus
XXXXX …….Judgment Debtor
EXECUTION PETITION ON
BEHALF OF DECREE HOLDER FOR THE EXECUTION OF THE DECREE/ ORDER DATED XXXX
PASSED TOWARDS THE SUIT OF RECOVERY PASSED BY THIS HON’BLE COURT THE
PARTICULARS WHERE OF ARE STATED IN THE COLUMN HEREUNDER:-
1 |
SUIT NO./ CASE NO. |
XXXX |
2 |
Name of parties |
As per Title and Memo of parties |
3 |
Date of Decree/ order for which execution is
sought |
Order dated XXXX Passed by this Hon’ble Court. |
4 |
Whether an appeal was filed against the
decree/order under execution |
Till today no summon received
|
5 |
Whether any payment have been received towards
satisfaction of Decree/ order |
Till date judgment debtor has not paid any amount
to the Decree Holder |
6 |
Whether any application/ Petition was made
previous to this Petition and if yes then its date and result |
No |
7 |
Amount of Suit along with the interest as per
decree or any other relief granted by the decree |
The present execution petition is
being filed for the suit for recovery of Rs. XXXX/- along with simple
interest @XX % per annum from XXXX i.e the date of the institution of the
suit till its realization. Out of above amount, JD has not paid a single
penny towards the maintenance to the petitioner. |
8 |
Amount of cost if allowed by the Court |
Stamp
for plaint- XX/- Do
for power- XX/- Service
of process- XX/- |
9 |
Against whom the execution is sought |
Against
Judgment Debtors. |
10 |
In what manner the Court assistance is sought |
By the way of issuance of
warrants of attachment against the movable properties of J.D as well as a warrant
of arrest against J.D. |
PRAYER
It is, therefore, most
respectfully prayed that this Hon'ble Court may graciously be pleased to:-
1)
Warrant of attachment for attaching the
movable and immovable properties of Judgment Debtor for satisfaction of the decretal
amount of Rs. XXXX/- along with interest @ XX% per annum from XXXX i.e the date
of the institution of the suit till its realization is issued against the
Judgment debtors.
2)
Issue the arrest warrant against the Judgment
debtor in case of failure of the Judgment debtor to comply with the said order
of this Hon’ble Court.
3)
Any other relief which this Hon’ble
Court may deem fit and proper under the circumstances in favour of Decree
Holder and against the Judgment Debtor.
DECREE
HOLDER
DELHI
DATED THROUGH
COUNSEL
(XXXXX & ASSOCIATES)
OFFICE NO. – XXXXX
MOB -
XXXXX
VERIFICATION:-
The above-named Decree
Holder does hereby verify that the contents of the application are true to the best
of his knowledge and belief.
Verified at Delhi on this….. day of XXXXX
DECREE
HOLDER
IN
THE HON’BLE COURT OF, LD. ADJ,
TIS
HAZARI COURTS, DELHI
EXECUTION
NO.____
In
the matter of:
XXXXX …….Decree Holder
Versus
XXXXX …….Judgment Debtor
AFFIDAVIT
I,
Abbas Khan Prop. of J.K. Book Binding House 2818,Galigadaiya, Kuch Chelan,
Darya Ganj, Delhi, do hereby solemnly affirm and declare as under:-
1.
That I am Decree Holder in the present
execution petition and I am very well conversant with the facts and
circumstances of the case and competent to sear the present affidavit.
2.
That the accompanying Execution Petition
has been drafted by my counsel under my instructions and the contents of the
same have been read over to me in vernacular language and understood by me,
which are true and correct and the contents of the same be read as part and
parcel of this affidavit which are not being repeated herein for the sake of
brevity.
3.
That I have not received any of the
amounts towards the recovery as recovery in terms of order dated 19.08.2017 and
I have not received any summon/ notice of appeal against the said order dated
19.08.2017 from any Appellate or Revisionist Court till date.
DEPONENT
VERIFICATION:-
Verified
at Delhi on this …. Day of XXXXX that the contents of the above affidavit are
true and correct to the best of my knowledge and belief and nothing material
has been concealed therefrom and no part of it is false.
DEPONENT
IN
THE HON’BLE COURT OF , LD. ADJ,
TIS
HAZARI COURTS, DELHI
EXECUTION
NO. ___
In
the matter of:
XXXXX …….Decree Holder
Versus
XXXXX …….Judgement Debtor
LIST
OF ARCTICLES TO BE ATTACHED
1.
Books
2.
Chair
3.
Tables
4.
Furniture /fixtures of J.D.
5.
Air Conditioners
6.
Computers
7.
Printers
8.
Any other attachable movable or
immovable property belonging to the judgment Debtor.
DECREE HOLDER
DELHI
DATED
THROUGH
COUNSEL
(XXXXX &ASSOCATES)
OFFICE NO. -XXXXX
IN
THE HON’BLE COURT OF XXXX, LD. ADJ,
TIS
HAZARI COURTS, DELHI
CS
NO. XXXXX
IN
THE MATTER OF:-
XXXXX
Through
its Prop. XXXXX ….Plaintiff
Versus
1.
M/S XXXX
At XXXXX
2.
XXXX
Prop. of XXXXX
At - XXXXX …….Defendants
Date of institution of a present suit : ___________
Date of hearing arguments : ___________
Date of judgment : ___________
Suit
for Recovery of Rs. XXXXX
EX-PARTE JUDGMENT
The plaintiff has instituted the present suit seeking recovery of a sum
of Rs. XXXX/- against the defendants.
1)
A
brief fact as set out in the plaint is that defendant no.1 is a Proprietor of
the Firm XXXX The plaintiff is the proprietor of the firm XXXX and deals with
the work of contract of printing works. Defendants used to get their work done
through the plaintiff’s firm and the defendants approached the plaintiff for
the work of the printing and the printing work done by the plaintiff for the
period from XXXX to XXXX. On completion of the defendant’s work, the plaintiff
has raised a bill amounting to Rs. XXXX/- against the defendant but the defendant
has paid only the bill amount of Rs. XXXX/- out of the total bill amount
through cheques and other ways.
2)
It is further averred that despite lapse of
time defendants had not made payment against the outstanding bill amount on one
pretext or the other. Thereafter, the plaintiff issued a legal notice dated XXXX
via Speed Post for the demand of the said due amount. The said legal notice has
been duly served on the defendants, but despite the notice, the defendants failed
to pay the outstanding amount to the plaintiff. As per the plaintiff, he is
entitled to the outstanding bill amount of Rs. XXXX/- along with pendent lite
and future interest and also entitled to cost and expenses of the present suit.
Hence, the present suit.
3)
Despite service of the summons upon the
defendant, the defendant did not appear, and accordingly, vide order dated XXXX, the defendant have proceeded ex-parte.
4)
In support of his case, the plaintiff examined
himself as PW-1 who tendered his evidence by way of affidavit Ex. PW-1/A in his
examination-in-chief and relied upon the documents i.e. Registration
Certificate of the firm is Ex-PW-1/1. Bills/invoices of Rs. XXXX/-
Ex-PW-1/2(colly.). Ledger account Ex PW-1/3 (colly). Legal demand notice Ex-
PW-1/4, original postal receipt of the same is Ex PW-1/5 and certificate u/s
65B is Ex PW-1/6. He was not cross-examined. The plaintiff thereafter closed
his evidence.
5) Record of the case perused
carefully and arguments addressed by Ld. Counsel for plaintiff taken into
consideration.
6) Plaintiff proved the bills/
invoices Ex. PW-1/2 (colly.) raised upon the defendants, ledger account Ex.
PW-1/3(colly), service of legal notice Ex. PW-1/4 and has also placed on record
the certificate u/s 65 B of the Evidence Act. The plaintiff’s pleading an evidence to
the effect that the plaintiff did printing work for the defendant and payment is
outstanding has gone unchallenged and unrebutted and there is nothing
inherently contradictory to disbelieve the pleading and testimony of the
plaintiff. Therefore, the plaintiff has successfully proved that he is entitled to a sum of Rs. XXXX/- against the defendant.
7) Since the transaction between
the parties is commercial in nature and the plaintiff has been deprived of money
which if available to the plaintiff would have benefitted the plaintiff or he
would have earned some interest by keeping the same in bank. Therefore,
plaintiff is entitled to be compensated by way of grant of interest. Section 34
of CPC provides for grant of interest
pendente-lite at any rate not exceeding contractual rate and if there is no
contractual rate than not exceeding the rate at which nationalized bank advance
loan. Keeping in mind the said provision interest of justice would b served if
plaintiff is granted simple interest @ 6% per annum from the date of
institution of the suit till its realization.
Relief
In view of the above discussion, suit of the
plaintiff is allowed and a decree of recovery of sum of Rs. XXXXX is hereby
passed in favor of the plaintiff against the defendant, along with the simple
interest @ XX% per annum from the said of the institution of the suit till its
realization.
The cost
of the suit is also awarded to the plaintiff.
The Decree
Sheet be prepared accordingly.
File be
consigned to the Record Room after necessary compliance.
(XXXXX)
ADJ-13(Central)THC
Delhi/XXXXX