Delhi High Court - Orders
Bimal Saxena & Ors vs Mohinder Singh (Since Deceased) ... on 29 January, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 177/2013 & EX.APPL.(OS) 151/2014
BIMAL SAXENA & ORS ..... Decree Holders
Through: Mr. Dinesh Garg, Advocate.
versus
MOHINDER SINGH (SINCE DECEASED)
THROUGH LRS ..... Judgement Debtor
Through: Mr. Pankaj Mehta, Mr. R.K.
Mehta, Ms. Shweta Soni, Ms.
Akansha Singh, Mr. Bhavya Kohli,
Mr. Rohan Prakash, Advocates for
JD-1 (i) & (ii).
Ms. Rachna Agrawal, Advocate for
JD-1(iii).
Mr. Akhil Sachar, Advocate for
MMTC.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 29.01.2024 EX.APPL.(OS) 61/2018 (u/s 151 CPC read with O XXI R 58 of CPC) & EX.P. 177/2013
1. This application has been filed by judgment debtor No. 1(iii) for exemption of his residential property from attachment.
2. By order dated 08.07.2019, the Court made certain observations with regard to continuing the attachment of the applicant's share of the residential property (House No. B-7/59, Safdarjung Enclave Extension, New Delhi). However, no final order was passed in view of the fact that EX.P. 177/2013 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2024 at 22:40:26 the vires of Section 60(1)(ccc) of the Code of Civil Procedure, 1908 was pending challenge before this Court. By a subsequent order dated 05.02.2020, the Court clarified that the judgment being referred in the said order was the judgment of this Court in Sujata Kapoor vs. Union Bank of India [MANU/DE/4239/2019] which had since been delivered. A copy of the said judgment has been placed before me, in which the Division Bench has interpreted the said section.
3. The order dated 08.07.2019 was affirmed by the Division Bench vide order dated 24.09.2019 in EFA(OS) 14/2019 [Bimal Saxena vs. Kamaljeet Singh].
4. At the request of learned counsel for the parties, four weeks' time is granted to them to address further on the question.
5. Ms. Rachna Agrawal, learned counsel for the applicant, states that according to the applicant's computation, the total amount due under the decree is to the tune of Rs.9 crores whereas the decree holder has computed the amount at Rs.11 crores. She submits that the applicant will confer with other legal heirs of the original judgment debtor and make an attempt to place a comprehensive proposal for the Court's consideration. She will also coordinate with learned counsel for the decree holder to arrive at the agreed computation.
6. List on 16.04.2024.
PRATEEK JALAN, J JANUARY 29, 2024 'Bhupi'/ EX.P. 177/2013 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2024 at 22:40:26