Hindustan Paper Corporation Limited v. M/S Western Express(Services)

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 252/2006, EA No.378/2014 (u/O XXI R-13 CPC), No.1093/2015 (u/O XXI R-58 CPC) & No.1123/2015 (u/O XXI R-30, 41(3) CPC) HINDUSTAN PAPER CORPORATION LIMITED.... Decree Holder Through:

Ms. Abhilasha Singh, Adv.

Versus

M/S WESTERN EXPRESS(SERVICES) ..... Judgement Debtor Through:

Mr. K.K. Nareda, proprietor of JD in person.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.11.2016 1.

This order is in continuation of the earlier order dated 4th October, 2016.

2.

The judgment-debtor Mr. K.K. Nareda has filed an affidavit in pursuance thereto.

3.

The counsel for the decree-holder is today also unable to suggest any mode of execution except for stating that the affidavit is not as per the order. 4.

Upon asking whether the decree holder has made any independent enquires, the counsel for the decree-holder states that the counsel for the decree-holder has forwarded the affidavit to the decree-holder and the decree-holder is in the process of making enquiries. 5.

Adjournment is sought by the counsel for the decree-holder. 6.

This execution petition has already been kept pending for the last ten years. The decree-holder for the last several dates has not been able to come up with any mode in which the assistance of this Court is sought to execute the decree.

EX.P. 252/2006

7.

An execution cannot be kept pending indefinitely, defeating the period of limitation provided for execution.

8.

The decree-holder has to pay for its laxness. 7.

The execution petition is closed.

RAJIV SAHAI ENDLAW, J NOVEMBER 21, 2016 'gsr'..

EX.P. 252/2006