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1. This Court laid down the guidelines for execution of the decrees/awards vide judgment dated 05th December, 2019, hereinafter referred to as Bhandari Engineers-I.
2. Vide judgment dated 05th August, 2020, hereinafter referred to as Bhandari Engineers-II, this Court modified the guidelines issued in Bhandari Engineers-I to make them more comprehensive.
IN the event of failure to deposit Rs............ , you are directed to file an affidavit of your assets on the date of cause of action, date of the award as well as on the date of the swearing of the affidavit in Form 16A of Appendix E of the Code of Civil Procedure within thirty days of the receipt of the notice.
IN the event of failure to deposit Rs............ , you are further directed to file an additional affidavit in terms of the formats attached to the judgment of M/s Bhandari Engineers & Builders Pvt. Ltd. v. M/s Maharia Raj Joint Venture, judgment dated 24th June, 2021 in Ex.P.275/2021 , namely (i) Annexure A1 - if you are an individual and; (ii) Annexure B1 - if you are a proprietorship firm/partnership firm/HUF/company/trust, within thirty days of the receipt of the notice.
7. These directions are being issued by this Court in exercise of powers under Section 30 and 151 and Order XXI Rule 41 of the Code of Civil Procedure read with Sections 106 and 165 of the Indian Evidence Act and Article 227 of the Constitution of India.
8. Paras 54 to 83 reproduced in paragraph 6 of this judgment are substituted in Bhandari Engineers-II Judgment and the modified judgment is attached hereto and is named as Bhandari Engineers-III Judgment. The Execution Courts shall henceforth follow Bhandari Engineers-III in execution cases.
J.R. MIDHA, J.
JUNE 24, 2021
ak/ds
$~J-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24th June, 2021
+ EX.P. 275/2012 & EX.APPL. (OS) 193/2020
M/S BHANDARI ENGINEERS
& BUILDERS PVT LTD ..... Decree Holder
Through: Mr. S. S. Jauhar, Advocate
versus
M/S MAHARIA RAJ
JOINT VENTURE & ORS ..... Judgement Debtors
Through: Mr.Dayan Krishnan, Senior
Advocate and Mr.Sanjiv Kakra,
Advocate as Amici Curiae
M/S BHANDARI ENGINEERS
& BUILDERS PVT LTD ..... Decree Holder
Through: Mr. S. S. Jauhar, Advocate
versus
M/S YOU ONE MAHARIA
(JV) DELHI & ORS ..... Judgement Debtors
Through: Mr.Dayan Krishnan, Senior
Advocate and Mr.Sanjiv Kakra,
Advocate as Amici Curiae
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
BHANDARI ENGINEERS - III
J U D G M E N T (ORAL)
(Judgment dated 05th August, 2020 as