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Delhi High Court - Orders

Friends Motel Pvt. Limited vs Shreeved Consultancy Llp on 18 June, 2020

Author: Mukta Gupta

Bench: Mukta Gupta

$~4
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      EX.P. 20/2020
       E.A. 262/2020 (Exemption)
       FRIENDS MOTEL PVT. LIMITED                 ..... Decree Holder
                Represented by: Mr. Shankar Jha, Adv.

                           versus

       SHREEVED CONSULTANCY LLP            ..... Judgement Debtor
               Represented by: Mr. Vijay Chaudhary, Adv.
       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                           ORDER

% 18.06.2020 The hearing has been conducted through Video Conferencing. EX.P. 20/2020 & E.A. 262/2020 (Exemption)

1. This Court has passed a decree dated 15th January, 2020 whereby the defendant was directed to hand-over the vacant physical possession of the suit property within one month from the said date. A decree was also passed in favour of the plaintiff and against the defendant to pay arrears of rent for the month of September, October and November, 2018 @ ₹18 lakhs per month till realization along with an interest @ 9% per annum besides damages at the same rate thereafter. A decree was also passed in favour of the plaintiff and against the defendant to pay electricity dues till 30 th April, 2019 i.e. the day when the plaintiff sought disconnection of electricity in the suit premises.

2. Though objections have been filed by the judgment debtor to this application as well as execution petition, however a perusal of the said EX.P. 20/2020 Page 1 of 2 objections reveals that the same were argued even when the decree dated 15th January, 2020 was passed and have already been considered by this Court.

3. Learned counsel for the judgment debtor states that he has filed the appeal, however the same has not been listed despite his repeated efforts. This plea of the judgment debtor cannot be accepted for the reason for the last more than one and a half month all urgent matters are being listed before this Court and are being heard and decided.

4. Considering the fact that the decree holder is entitled to the possession of the suit property, a warrant of possession of the suit property is issued in favour of the plaintiff and against the defendant.

5. The bailiff will execute the warrant of possession and submit the report before the next date. The bailiff will also prepare the inventory of the properties of the judgment debtor lying in the suit property and in case the judgment debtor does not remove the said properties, the same will be kept in a portion of the suit property and sealed.

6. Awaiting the report of the bailiff, renotify on 7th July, 2020.

7. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

JUNE 18, 2020 'ga' EX.P. 20/2020 Page 2 of 2