Disposed

Meena Devi v. Beena Rani

Delhi HC4 Sept 2024CM(M)/3259/2024

Case brief

AI extract

What is this about?

Petitioner challenged warrant of attachment in execution of an ex-parte money recovery decree. Petitioner agreed to deposit Rs.7 lakhs and file objection petition; court disposed of the petition, staying coercive process for five weeks and directing mediation.

What did the court decide?

Five weeks' stay of coercive execution process; petitioner to deposit Rs.7 lakhs and file objection petition within one week; parties referred to mediation.

Meena Devi Vs Beena Rani — Execution and Attachment | Delhi HC (2024)

¶1

$~4

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CM(M) 3259/2024 & CM APPL. 49448/2024 & CM APPL. 49449/2024

¶4

MEENA DEVI

¶5

.....Petitioner Through: Mr. Kunal Tandon, Mr. Kumar Shashank Shekher, Ms. Natasha and Mr. Mayank Chauhan, Advocates. versus BEENA RANI .....Respondent Through: Mr. Sumit S., Ms. Aditya Thakur and Mr. Devender Chauhan, Advocates.

¶6

CORAM:

¶7

HON'BLE MR. JUSTICE MANOJ JAIN O R D E R

¶8

% 04.09.2024

¶9

The respondent/plaintiff has filed a suit seeking recovery of Rs.12,17,000/- along with interest. There was an ex-parte judgment in favour of such plaintiff.

¶10

The application moved by the petitioner herein under Order IX Rule 13 CPC was dismissed on 14^th February, 2024.

¶11

The execution proceedings are pending before the learned Executing Court. Noticing that the Judgment Debtor (petitioner herein) has not filed any reply, warrant of attachment has been issued.

¶12

Such order is under challenge.

¶13

After hearing arguments for some time, learned counsel for the petitioner states that the petitioner is desirous to file an objection petition in

¶14

CM(M) 3259/2024 1

¶15

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 06/09/2024 at 15:21:31

¶16

accordance with law, before the learned Executing Court within one week from today and that in order to show her bonafide, she is also ready to deposit a sum of Rs.7 lacs within five weeks from today, before the learned Executing Court.

¶17

It is, therefore, prayed that no coercive process may be directed to be taken in the Execution Petition for a period of five weeks from today.

¶18

Learned counsel for the respondent/plaintiff is present and has no objection to the aforesaid proposal.

¶19

In view of the above, the present petition is disposed of with the direction that the petitioner (Judgment Debtor) is granted five weeks for depositing a sum of Rs. 7 lacs before the learned Executing Court and, therefore, for a period of five weeks, to be reckoned from today, no coercive process be taken in the abovesaid Execution Petition.

¶20

However, the petitioner would be at liberty to file, as undertaken above, objection petition within one week from today and learned Executing Court shall consider and dispose of the same in accordance with law after hearing both the parties.

¶21

In the meanwhile, as mutually agreed by both the sides, they would also approach Mediation Centre, Saket District Courts, in order to get the disputes resolved, amicably.

¶22

MANOJ JAIN, J

¶23

SEPTEMBER 4, 2024/ss

¶24

CM(M) 3259/2024 2

¶25

Meena Devi v. Beena Rani

Case brief

What is this about?

What did the court decide?

Meena Devi v. Beena Rani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Centre for Development of Telematics Vs M/S Amrita Travels

M/S Ahuja Agencies Vs Amit Suneja & Anr.

Shri Sanatan Dharam Mandir Trust (Regd.) Vs Rishi Walia

Vinesh Sharma Vs M/S Vijay Cotswin Pvt. Ltd.

Adit Constructions & Anr. Vs Dinesh Sanitary Store

Jorawar Singh Vs Himmat Singh

Dileep Singh Vs Girija Devi

Sh Sonu Pal & Ors. Vs Smt Savitri Devi

Centre for Development of Telematics Vs M/S Amrita Travels

M/S Ahuja Agencies Vs Amit Suneja & Anr.

Shri Sanatan Dharam Mandir Trust (Regd.) Vs Rishi Walia

Mr Rishi Marwah Vs Mrs Meghna Marwah & Anr.

Abhilasha Chauhan Vs Ankur Rajput

M/S. Unishire Homes LLP Vs Sriganesh Chandrasekaran and Others