Meena Devi v. Beena Rani

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3259/2024 & CM APPL. 49448/2024 & CM APPL. 49449/2024 MEENA DEVI .....Petitioner Through:

Mr. Kunal Tandon, Mr. Kumar Shashank Shekher, Ms. Natasha and Mr. Mayank Chauhan, Advocates.

versus BEENA RANI .....Respondent Through:

Mr. Sumit S., Ms. Aditya Thakur and Mr. Devender Chauhan, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 04.09.2024 1.

The respondent/plaintiff has filed a suit seeking recovery of Rs.12,17,000/- along with interest. There was an ex-parte judgment in favour of such plaintiff.

2.

The application moved by the petitioner herein under Order IX Rule 13 CPC was dismissed on 14th February, 2024.

3.

The execution proceedings are pending before the learned Executing Court. Noticing that the Judgment Debtor (petitioner herein) has not filed any reply, warrant of attachment has been issued. 4.

Such order is under challenge.

5.

After hearing arguments for some time, learned counsel for the petitioner states that the petitioner is desirous to file an objection petition in CM(M) 3259/2024 1 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 06/09/2024 at 15:21:31

accordance with law, before the learned Executing Court within one week from today and that in order to show her bonafide, she is also ready to deposit a sum of Rs.7 lacs within five weeks from today, before the learned Executing Court.

6.

It is, therefore, prayed that no coercive process may be directed to be taken in the Execution Petition for a period of five weeks from today. 7.

Learned counsel for the respondent/plaintiff is present and has no objection to the aforesaid proposal.

8.

In view of the above, the present petition is disposed of with the direction that the petitioner (Judgment Debtor) is granted five weeks for depositing a sum of Rs. 7 lacs before the learned Executing Court and, therefore, for a period of five weeks, to be reckoned from today, no coercive process be taken in the abovesaid Execution Petition. 9.

However, the petitioner would be at liberty to file, as undertaken above, objection petition within one week from today and learned Executing Court shall consider and dispose of the same in accordance with law after hearing both the parties.

10.

In the meanwhile, as mutually agreed by both the sides, they would also approach Mediation Centre, Saket District Courts, in order to get the disputes resolved, amicably.

MANOJ JAIN, J SEPTEMBER 4, 2024/ss CM(M) 3259/2024 2 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 06/09/2024 at 15:21:31