Allowed

M/S. Vijay Shree Construction v. Mr. Pradeep Khanna & Anr.

Delhi HC2 Feb 2024EX.P./7/2024

Case brief

AI extract

What is this about?

The High Court of Delhi allowed an execution petition where the decree-holder deposited the mortgage amount but the judgment-debtor failed to deposit title deeds. The court appointed a Local Commissioner to collect the deeds from Deutsche Bank AG.

What did the court decide?

Appointment of Ms. Tanya Hasija as a Local Commissioner to collect title deeds from Deutsche Bank AG and deposit them with the Registrar General.

M/S. Vijay Shree Construction Vs Mr. Pradeep Khanna… — Execution and Attachment | Delhi HC (2024)

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$~45

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- EX.P. 7/2024, EX.APPL.(OS) 183/2024, EX.APPL.(OS) 184/2024

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M/S. VIJAY SHREE CONSTRUCTION ..... Decree Holder

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Through: Mr. Manish Vashisht, Sr. Adv. with Mr. Siddharth Arora, Mr. Gaurav Kumar, Ms. Jasleen Kaur, Mr. Anuja Pandit, Advs.

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versus

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MR. PRADEEP KHANNA & ANR. ..... Judgement Debtors

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Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 02.02.2024

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This is a petition seeking execution of the order dated 09.11.2023 passed in CS(OS) No. 731/2023. As per the order, the judgment-debtor No. 2 was required to deposit title deeds of the property bearing No. G-68, Masjid Moth, New Delhi, for which the decree-holder has paid the entire mortgage amount.

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Mr. Vashisht, learned senior counsel states that even though the direction was to deposit the loan amount of Rs. 7 crores, the decree-holder has deposited Rs. 8,34,57,595.34/- with Deutsche Bank AG, Kasturba Gandhi Marg, Delhi.

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Despite the direction of 09.11.2023, the title deeds have not been deposited with the Registrar General of this Court.

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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 02/07/2025 at 23:23:12

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Therefore, the counsel for the decree-holder only requests that a Local Commissioner be appointed to collect title deeds of the property bearing No. G-68, Masjid Moth, Delhi from Deutsche Bank AG, Kasturba Gandhi Marg, Delhi and deposit the same with the Registrar General of Delhi High Court.

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He further states that there has been no appeal served upon the counsel for the decree-holder challenging the order dated 09.11.2023. 6. The order of 09.11.2023 is clear and once the decree-holder has deposited the amount, the title deeds need to be deposited with the Registrar General.

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For the said reasons, the petition is allowed and Ms. Tanya Hasija (Mob. No. 9399233711), learned counsel who is present in Court is appointed as a Local Commissioner to visit Deutsche Bank AG, Kasturba Gandhi Marg, New Delhi to collect tile deeds of the property bearing No. G- 68, Masjid Moth, New Delhi and deposit it with the Registrar General of Delhi High Court in a sealed cover.

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The fee of the Local Commission is fixed at Rs. 75,000/- which will be paid by the decree-holder.

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The petition is allowed and disposed of.

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The commission will be executed in the coming week.

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JASMEET SINGH, J

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FEBRUARY 2, 2024/DM

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Click here to check corrigendum, if any

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M/S. Vijay Shree Construction v. Mr. Pradeep Khanna & Anr.

Case brief

What is this about?

What did the court decide?

M/S. Vijay Shree Construction v. Mr. Pradeep Khanna & Anr.

Case brief

What is this about?

What did the court decide?

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