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2018 Supreme(Del) 74

RAJIV SAHAI ENDLAW
M. L. Gupta – Appellant
Versus
Aerens Gold Souk International Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Decree Holder : Mr. Manish Vashisht, Mr. Sameer Vashisht, Ms. Trisha Nagpal

JUDGMENT :

EA No.55/2018 (for exemption) and EA No.56/2018 (for exemption from filing certified copy of decree sheet).

1. Allowed, subject to just exceptions.

2. The applications stand disposed of.

EX.P. 16/2018 & EA No.54/2018 (u/O XXI R-41 CPC).

3. Execution is sought of a money decree dated 3rd January, 2018 of recovery of Rs.5,90,62,500/- from judgment debtor no.1 and Rs.5,00,00,000/- jointly and severally from the judgment debtors no.1&2 namely Aerens Gold Souk International Ltd. and M/s. Aerens Projects & Infrastructure Pvt. Ltd., both with interest at 18% per annum from the date of filing of the suit till realisation. A sum of Rs.12,72,79,687/- is stated to be due under the decree from the judgment debtor no.1 and a sum of Rs.10,77,50,000/- is stated to be due from the judgment debtors no.1&2, as on the date of filing of this Execution Application.

4. The decree holder, in para 10 of the Execution Application, whereunder the decree holder is required to state the “Mode in which assistance of the Court is required” has stated (i) by directing the judgment debtor no.1 to pay Rs.12,72,79,687/- and judgment debtors no.1&2 to pay Rs.10,77,50,000/-; and, (ii) in the event of judgment de
































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