Delhi High Court - Orders
Krishan Kumar Wadhwa & Ors vs Arjun Som Dutt & Ors on 12 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 61/2018
KRISHAN KUMAR WADHWA & ORS. ..... Decree Holders
Through: Appearance not given.
versus
ARJUN SOM DUTT & ORS. ..... Judgement Debtors
Through: Mr. Munindra Dvivedi, Ms. Divya
Bhalla, Ms. Aaathira Pillai, Mr.
Abhishek Chauhan, Advocate for
Respondent No. 2 and 4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.03.2021
[VIA VIDEO CONFERENCING]
1. Pursuant to the Order of this court dated 24th February, 2021, an amount of Rs. 70 lakhs has being deposited with the Registrar General of this Court by Judgement Debtor No. 1. The Decree Holders shall be entitled to apply for the release of the said amount and the Registry shall release the said amount.
2. Mr. Dvivedi, counsel for the Judgement Debtor No. 4, submits that an amount of Rs. 1,87,50,000/- shall be paid way of three cheques of equal amounts in the name of the three Decree Holders, which shall be delivered at the office of Mr. Bansal today itself.
3. Mr. Bansal submits that the Judgement Debtors were required to file affidavits disclosing their assets, in terms of the decision in Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Ventures & Ors., Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:17.03.2021 11:07 MANU/DE/1497/2020 (hereinafter referred to as 'Bhandari-II'), and the same has not been done.
4. Judgment Debtor-1 has not filed his affidavit of assets. The affidavit filed by Judgement Debtor No. 2 is incomplete, as it contains only Annexure-A1 of Bhandari-II judgment but does not contain the disclosure as required in Annexure-C1 thereof.
5. Affidavit of Judgement Debtor No. 3 is not on record. The counsel for the Judgement Debtor No. 3, submits that the affidavit has been filed vide Diary No. 281838/2021 on 10th March 2021 and copy thereof has been served upon Mr. Bansal. The counsel shall follow up with the registry and get the same placed on record.
6. In so far as Judgement Debtor No. 4 is concerned, there is no affidavit filed. The counsel for Judgement Debtor No. 4 submits that he will file the necessary affidavits in compliance with the decision in Bhandari-II judgement, within a period of two weeks from today.
7. Mr. Bansal has also pointed out that the decree being enforced in the present execution petition, is a joint and several decree against all the Judgement Debtors. Thus, the payments being made by any one of the Judgment Debtors is only a partial extinguishment of the liability under the decree, and the same cannot, in any manner, be construed as satisfaction of liability of any particular Judgment Debtor. The counsel for Judgement Debtor No. 4, controverts the above position and submits that he will be advancing submissions on this issue. Irrespective of the above noted contentions of the parties, one thing is clear to the court, that the decree is still unsatisfied. The above noted payments would only partially satisfy the decree.
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:17.03.2021 11:078. In view of the above, it is made clear that in case the affidavits are not on record by any one of the Judgment Debtors before the next date of hearing, adverse orders would be passed. All the Judgement Debtors, except Judgment Debtor No. 4, to appear in person on the next date of hearing.
9. List on 07th April, 2021.
SANJEEV NARULA, J MARCH 12, 2021 neha Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:17.03.2021 11:07