Allowed

Shrikishan Giri and Anr. v. Simmi Dhawan and Ors.

Delhi HC5 Jan 2024EFA(OS)/13/2023

Case brief

AI extract

What is this about?

The High Court of Delhi disposed of appeals against a judgment in execution petitions. The Court directed adjudication of the gift deed's validity and permitted an application to frame an issue regarding limitation under Order XXI Rule 97 CPC.

What did the court decide?

The appeals disposed of with leave to move an application for framing an additional issue regarding limitation under Order XXI Rule 97 CPC in the pending execution petition.

Shrikishan Giri and Anr. Vs Simmi Dhawan and Ors. — Execution and Attachment | Delhi HC (2024)

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$~2 & 11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- EFA(OS) 13/2023 and CM APPL. 61079/2023

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SHRIKISHAN GIRI AND ANR ..... Appellants Through: Mr Anirudh Bakhru with Mr Ayush Puri, Advocates.

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versus SIMMI DHAWAN AND ORS ..... Respondents Through: Mr Sanjeev Anand, Sr. Advocate with Ms Kajal Chandra, Ms Prerna Chopra and Ms Sakshi Anand, Advocates. Mr Sumit Goswami with Ms Taniya Bansal, Advocates for respondent no.2. Mr Sudhir Kumar with Ms Swati Tayal, Advocates for respondent nos.9 & 10 in CM Appl. 61079/2023.

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+ EFA(OS) 1/2024, CM APPL. 520/2024, CM APPL. 521/2024 and CM APPL. 522/2024

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IDFC FIRST BANK LIMITED ..... Appellant Through: Mr Anirudh Bakhru with Mr Ayush Puri, Ms Pragya Choudhary, Ms Umang Tyagi, Mr Kanav Madnani, Ms Vijay Laxmi Rathi and Mr Sultan Haider Jafry, Advocates. Mr Sumit Goswami with Ms Taniya Bansal, Advocates.

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versus MRS. SIMMI DHAWAN & O	RS. ..... Respondents
Through:	Mr Sanjeev Anand, Sr. Advocate with
	Ms Kajal Chandra, Ms Prerna Chopra
	and Ms Sakshi Anand, Advocates.

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EFA(OS) 13/2023 & connected appeal page 1 of 3

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This is a digitally signed order.

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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 06/05/2024 at 15:42:13

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CORAM: HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MR JUSTICE AMIT BANSAL

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O R D E R % 05.01.2024

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[Physical Hearing/Hybrid Hearing (as per request)]

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These appeals are directed against a common judgment dated 04.07.2023 passed by the learned Single Judge in Ex. P. 107/2019 and Ex. APPLs. (OS) 909/2019, 359/2020, 1071/2020, 221/2021, 668/2021 and 1078/2021.

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We have heard the learned counsel for the parties for some time. Counsel for the parties have agreed that the instant appeals can be disposed of based on following directions:

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(i) In addition to the issues already framed by the learned Single Judge via order 06.09.2023, the following issue will also be adjudicated in the pending execution petition:

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Whether the gift deed dated 12.11.2003 executed by Ms Padma Malhotra in favour of the judgment debtor i.e., Mr Naveen Malhotra is a genuine and valid document in the eyes of law? [OPDH]

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(ii) The appellants will have leave to move an application before the learned Single Judge in the pending execution petition for framing an additional issue (apart from the one above) qua limitation concerning the application moved by the decree holder under Order XXI Rule 97 Code of Civil Procedure, 1908 [in short, “Code”]. In case such an application is filed, the decree holder will have liberty to resist the same.

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It is ordered accordingly. The appeals are disposed of in the aforesaid EFA(OS) 13/2023 &connected appeal page 2 of 3

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This is a digitally signed order.

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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 06/05/2024 at 15:42:13

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terms.

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Pending applications shall also stand closed.

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RAJIV SHAKDHER, J

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AMIT BANSAL, J JANUARY 5, 2024 / tr

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EFA(OS) 13/2023 & connected appeal

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page 3 of 3

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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 06/05/2024 at 15:42:13

Shrikishan Giri and Anr. v. Simmi Dhawan and Ors.

Case brief

What is this about?

What did the court decide?

Shrikishan Giri and Anr. v. Simmi Dhawan and Ors.

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

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