VIPIN SANGHI, J.

Ex.Appln. (OS) No. 1123/2015

1. This application has been preferred by the decree holder under Order XXI Rules 30, 41(3) read with Sections 51, 55, 58 and 151 CPC. The decree holder, by this application, seeks that the judgment debtor – K.K.Nareda, be sent to civil imprisonment.

2. The background facts are that the decree holder filed a civil suit being CS(OS) No. 1938/2001 for recovery of Rs. 28,87,490.57/-. The plaintiff pleaded that the defendant was appointed as their clearing and forwarding agent vide letter dated 23.12.1997. The claim arose on account of the defendant not delivering the goods to the plaintiff. The defendant did not appear to contest the suit despite service of summons and was proceeded ex-parte vide order dated 15.12.2003. The plaintiff led ex parte evidence of Mr. Dinkar Prakash Bhardwaj, Senior Accountant of the plaintiff at its Delhi office. After giving adjustment to the amount of bank guarantee and other permissible amounts, the amount recoverable from the defendant was stated to be Rs. 15,79,302.57/-. Besides the said amount,