Sri Murugan Textiles v. Bee K Bee Prints Pvt Ltd
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 80/2023, EX.APPL.(OS) 1526/2023 SRI MURUGAN TEXTILES ..... Decree Holder Through:
Appearance not given versus BEE K BEE PRINTS PVT LTD ..... Judgement Debtor Through:
Mr. Zorawar Singh, Adv.
SI Sachin Kumar, PS Amar Colony
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 15.04.2024 1.
This is a petition seeking execution of the decree dated 25.07.2023 passed by this Court in CS(COMM.) 790/2022. The judgment-debtor was required to make the payment of the decretal amount in instalments and admittedly, the judgment-debtor made payment of 7 instalments and thereafter from 22.07.2023, has been in part default, and from 22.08.2023, has been in default.
2.
Mr. Singh, learned counsel for the judgment-debtor along with the Director, Mr. Rajan Batra are present in Court and state that there were some financial difficulties and for the said reasons they could not make the payments.
3.
However, they have given a revised schedule which reads as under: 21.
22 Aug 2024 5,08,333 22.
22 Sep 2024 5,08,333 23.
22 Oct 2024 5,08,333 24.
22 Nov 2024 5,08,333 25.
22 Dec 2024 5,08,333 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
26.
22 Jan 2025 5,08,333 27.
22 Feb 2025 5,08,333 28.
22 March 2025 5,08,333 29.
22 April 2025 5,08,333 30.
22 May 2025 5,08,333 31.
22 June 2025 5,08,333 32.
22 July 2025 5,08,333 33.
22 Aug 2025 5,08,333 34.
22 Sep 2025 5,08,333 35.
22 Oct 2025 5,08,333 36.
22 Nov2025 5,08,341 Total Number of Instalments Defaulted - 13 Total Amount of Default- INR 61,24,997/- Extension of Instalments S.No.
Date Amount (INR) 1.
22 Dec 2025 6,80,555 2.
22 Jan 2026 6,80,555 3.
22 Feb 2026 6,80,555 4.
22 Mar 2026 6,80,555 5.
22 April 2026 6,80,555 6.
22 May 2026 6,80,555 7.
22 June 2026 6,80,555 8.
22 July 2026 6,80,555 9.
22 Aug 2026 6,80,555 22 Sep 2026 (Penalty @ 10% of defaulted amount) 6,12,499 4.
To show the bonafides, a sum of Rs. 10 lakhs towards the arrears shall be paid on or before 15.06.2024 and thereafter, the instalments shall be paid from 22.08.2024 onwards. The last instalment of 22.09.2026 shall be adjusted accordingly.
5.
The same is acceptable to the decree-holder, provided the same is paid on or before the due date as undertaken above. 6.
Taking the statement of Mr. Batra, for and on behalf of the judgmentThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
debtor on record and binding the judgment-debtor to the same, the execution petition is disposed of.
7.
In case there is any default, the decree-holder shall be entitled to revive the petition, on which date appropriate proceedings will be undertaken.
8.
Till the schedule is completed, the judgment-debtor shall not encumber, sell, mortgage or create third party rights in respect of its immovable properties.
9.
The bailable warrants issued on the last date stand recalled since the judgment debtor has appeared.
10.
The petition is disposed of.
JASMEET SINGH, J APRIL 15, 2024/DM 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.