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2021 Supreme(Del) 726

SURESH KUMAR KAIT
Transasia Private Capital Limited – Appellant
Versus
Gaurav Dhawan – Respondent


Advocate Appeared:
For the Appellant :Mr. Rajshekhar Rao, Senior Advocate with Mr. Chitranshul A. Sinha, Mr. Rajdeep Panda, Mr. Jaskarn Bhatia, Ms. Akshita Upadhyay & Ms. Sanjam Chawla, Advocates
For the Respondent:Mr. D.P. Singh, Senior Advocate with Ms. Sonam Gupta & Mr. Devansh Arya, Advocates

ORDER :

1. Vide order dated 24.05.2021, this Court has issued the following directions against the Judgment Debtor:-

    “6. This Court is satisfied that the decree holder has made out a case for invoking Order XXI Rule 22(2) of the Code of Civil Procedure. In that view of the matter, the judgment debtor is directed to file the affidavit of his assets on the date of cause of action, date of the judgment as well as today in Form 16A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure within 30 days of the receipt of the notice.

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8. The judgment debtor shall not transfer, alienate or create any third-party interest in respect of its assets to the tune of decreetal amount except in the ordinary course of its business such as payment of salary/statutory dues. However, the judgment shall not discharge any liability except the financial liability in respect of a bank/financial institution till the next date of hearing.

9. The judgment debtor shall remain present before this Court on the next date of hearing”

2. Aggrieved against the aforesaid directions issued by this Court, the present review petition has been filed by the judgment debtor under the provisions of Order XLVII

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