Group Capt. Harpal Singh Bedi v. Shri Gurinder Pal Singh Bedi

$~11.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. No.7/2017 & EA No.74/2017 (for exemption from filing certified copy of the decree).

GROUP CAPT. HARPAL SINGH BEDI ..... Decree Holder Through:

Mr. M. Dutta, Adv.

versus GURINDER PAL SINGH BEDI ..... Judgement Debtor Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 02.03.2017 1.

This order is in continuation of the earlier order dated 14th February, 2017.

2.

The counsel for the decree holder states that the decree, which he had on 14th February, 2017 stated had been drawn up, was the decree in Suit No.46/2004 and not the decree in CS(OS) No.868/2009 of which execution is sought in this proceeding.

3.

The counsel for the decree holder on being asked that if execution is sought of the decree in Suit No.46/2004 of the Court of the Additional District Judge then execution thereof has to be applied, states that execution is in fact required of the judgment and decree in CS(OS) No.868/2009. He states that for preparation of the decree of CS(OS) No.868/2009, the Registry is demanding Stamp Duty but which according to the decree holder is not payable.

4.

If that be the position, then the decree holder has to first satisfy the EX.P. No.7/2017

Registry that the Stamp Duty is not payable on the decree being prepared of CS(OS) No.868/2009 and if remains aggrieved by the order of the Registry in this regard, to take his remedies thereagainst. 5.

The Execution Petition is disposed of with liberty to the decree holder to apply again after the decree in CS(OS) No.868/2009 is drawn up. RAJIV SAHAI ENDLAW, J MARCH 02, 2017 'pp'..

EX.P. No.7/2017