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DELHI HIGH COURT
AMIT BANSAL
Harinder Kumar – Appellant
Versus
Girish Peshoria – Respondent
| Table of Content |
|---|
| 1. execution petition details and property possession directive (Para 1 , 2 , 3 , 4 , 6) |
| 2. judgment debtor's arguments regarding payment terms and document claims (Para 7 , 8 , 11) |
| 3. counsel's submissions and court's considerations (Para 12 , 13 , 14 , 15) |
| 4. court's analysis of debtor's objections and fraudulent transfer (Para 16 , 17 , 18 , 19) |
| 5. court's dismissal of objections and order for attachment (Para 20 , 21) |
JUDGMENT
Amit Bansal, J. (Oral)--The present execution petition has been filed seeking execution of the decree passed by this Court on 14th December, 2018 in terms of the settlement arrived at between the parties.
2. By way of the present execution proceedings, the decree holder seeks the following directions against the judgment debtor:
(i) The Judgment debtor be directed to surrender vacant and peaceful possession of the entire first floor of the property bearing No.14, Eastern Avenue, Maharani Bagh, New Delhi-110065 to the decree holder (Maharani Bagh Property).
(ii) Direct judgment debtor to pay a sum of Rs.4,00,00,000/- along with interest @ 18% per annum from 14th June, 2019 till the date of payment.
3. Notice in the execution peti
A consent decree's terms are binding and must be executed as agreed; fraudulent transfers to evade obligations are voidable under the Transfer of Property Act.
The judgment debtor's objections were dismissed, and the court found the transfer of property to be fraudulent, emphasizing the importance of fulfilling the terms of the settlement and decree.
The failure to comply with a settlement agreement and decree can entitle the decree holder to enforce the decree like a money decree, including the recovery of the decretal amount by selling the subj....
The sanctity of settlements recorded by the court and the obligation of parties to honor such settlements.
Point of Law : Executing Court cannot go beyond the decree except when the decree is nullity or is without jurisdiction as Executing Court has no jurisdiction to modify the decree, but it has to exec....
Consent decrees are enforceable despite objections where no prior challenge was made, and execution can proceed as agreed terms provide equitable resolutions.
The executing court is bound to act within the parameters of the decree established by prior judicial decisions.
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