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12.01.2016 This order shall decide an application under Section 114 read with Order XLVII and Section 151 CPC moved on behalf of the judgment debtor (JD) seeking recall of the order dated 17.12.2015 passed by this court (for short, "the impugned order"). By way of the impugned order, an application under Section 151 CPC moved on behalf of the judgment debtor (JD) was dismissed and warrants of possession in respect of the ground floor of property no. 19/35, Punjabi Bagh, New Delhi as per site plan Ex.PW-1/2 (for short, "the suit property") was issued.

The grounds for recalling the impugned order are that the present case falls within the ambit of Section 2(c) sub-section (vii) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 (for short, "The Ordinance"). Further, as per Section 12 sub-section (1)(c) of The Ordinance, the Specified Value of the suit property turned out to be approximately Rs.3,75,00,000/- as per the circle rates and, therefore, this court had no jurisdiction to adjudicate upon the application under Section 151 CPC vide impugned order. It is prayed that the impugned order be recalled, the ongoing execution proceedings be stayed till the disposal of the application and matter be referred to the Hon'ble High Court of Delhi for adjudication.

4. The facts in a nutshell, are that the plaintiff/decree holder filed suit for recovery of possession of the suit property alongwith recovery of arrears of rent, use and occupation charges, damages/mesne profits against the defendant/judgment debtor titled as "Manohar Lal Sethi V. M/s National MRI Scan Diagnostic Centre" bearing CS No. 272/12. During the course of proceedings of the suit, the dispute was settled between the parties and a compromise decree dated 28.04.2014 was drawn. As per the said compromise decree, the defendant/judgment debtor agreed to hand over the peaceful and vacant possession of the suit property on or before 30.06.2015. The judgment debtor also agreed to pay certain amount on account of arrears of rent/damages. Since the judgment debtor failed to comply with the terms of compromise decree dated 28.04.2014 with regard to the agreed payment schedule and to deliver the vacant and peaceful possession of the suit property, the plaintiff/decree holder filed an execution petition to recover the possession of the suit property as well a sum of Rs.7,70,290/- from the judgment debtor. During the course of proceedings of the present execution petition, one application dated 14.07.2015 was moved on behalf of the judgment debtor seeking appropriate directions to the decree holder to place on record their statement of account and to deposit the security amount in the court, which was earlier deposited by the judgment debtor with the decree holder. The aforesaid application was dismissed vide order dated 25.07.2015. Another application under Section 151 CPC dated 24.07.2015 was moved on behalf of the judgment debtor to which the decree holder also filed a reply. The afore-mentioned application under Section 151 CPC dated 24.07.2015 was dismissed as withdrawn by the judgment debtor. Further, he moved another application under Section 151 CPC dated 27.11.2015, which was dismissed vide the impugned order.

17. The present is a case, where the decree holder is executing a compromise decree dated 28.04.2014. After filing of the execution petition , judgment debtor moved an application under Section 151 CPC on 14.07.2015, which was dismissed vide order dated 25.07.2015. Another application under Section 151 CPC was moved by judgment debtor on 24.07.2015, which was also dismissed vide the impugned order and warrants of possession were issued in respect of the suit property. Thereafter, again the present application under Section 114 read with Order XLVII and Section 151 CPC was moved on 04.01.2016, which clearly shows that the judgment debtor is indulging in vexatious and malafide practices for delaying the execution by moving one application after the other. In these circumstances, I do not find any merit in the application under Section 114 read with Order XLVII and Section 151 CPC moved on behalf of the judgment debtor seeking recall of the order dated 17.12.2015 passed by this court. The same is wholly devoid of merit.