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High Court of DelhiEX.P./51/2023

Mitsubishi Corporation India Private Limited v. Mr. Lokesh Kumar Malohotra & ORS.

2024-07-24Hon'Ble Mr. Justice Navin Chawla2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 51/2023 & EX.APPL.(OS) 1054/2024, EX.APPL.(OS) 1056/2024 MITSUBISHI CORPORATION INDIA PRIVATE LIMITED .....Decree Holder Through:

Mr.Ketan Gaur, Mr.Rajendra, Mr.Abhinav Srivastav, Advs.

versus MR. LOKESH KUMAR MALOHOTRA & ORS.

.....Judgement Debtors Through:

JD-1 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.07.2024 1.

The learned counsel for the Decree Holder submits that the Judgment Debtors need to execute certain documents and also produce the copy of the allotment letter and the receipts of the payments made by him to the builder, that is, Panchsheel GreensII. 2.

Judgment Debtor no.1, who is present in person, submits that as far as the allotment letter and the receipts are concerned, they are not available with him and are a part of the charge sheet filed against him. He submits that a copy of the same is also available with the Decree Holder.

3.

The learned counsel for the Decree Holder submits that the Judgment Debtor no.1 has to execute a Memorandum of Understanding, Affidavit, Endorsement Request, and an Undertaking. Copies of the said documents have been handed over by the learned counsel for the Decree Holder to the 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 23:24:41

Judgment Debtor no.1.

4.

The Judgment Debtor no.1 submits that he has no objection in executing these documents.

5.

The Judgment Debtor no.1 shall execute these documents and hand over the same to the learned counsel for the Decree Holder within a period of two days.

6.

In case the presence of the Judgment Debtor is required before the builder, that is, Panchsheel Greens-II, the Judgment Debtor no.1 shall be personally present on the date and time as communicated by the Decree Holder. In case no such presence is requested for or required by the Decree Holder, the Decree Holder shall, in terms of the Order dated 18.03.2024, co-operate with the Judgment Debtor no.1 in having the FIR no.31/2016 quashed. For the said purpose, the Decree Holder shall execute a No Objection Certificate and hand over the same to the Judgment Debtor no.1 within two weeks, subject to the condition that the Judgment Debtor no.1 complies with the terms stated hereinabove.

7.

The execution petition is disposed of in the above terms, reserving liberty with the parties to revive the same in case need so arises in future.

8.

The pending applications also stand disposed of. NAVIN CHAWLA, J JULY 24, 2024/VS RN Click here to check corrigendum, if any 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 23:24:41