Neutral CitationNo. - 2025:AHC-LKO:8448 Reserved:17.01.2025 Delivered:10.02.2025 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2694 of 2022 Petitioner :- Gazal Srivastava And 2 Others Respondent :- Dhajaram Charitable Trust,New Delhi Thru. Its Chairman Captain Dilavar Singh Sanghwan(Rtd.)And Anr.

Counsel for Petitioner :- Ashok Kumar Singh,Jitendra Saksena Counsel for Respondent :- Nisha Verma,Deviyani Dwivedi,In Person A N D Case :- MATTERS UNDER ARTICLE 227 No. - 6346 of 2024 Petitioner :- Gazal Srivastava And 3 Others Respondent :- Dhajaram Charitable Trust Thru. Chairman Captain Dilavar Singh And 2 Others Counsel for Petitioner :- Sridhar Awasthi,Jitendra Saksena Counsel for Respondent :- Pranav Agarwal Hon'ble Pankaj Bhatia,J.

1. Since both the writ petitions are related, they are being decided by this common judgment.

2. Writ Petition being Matters Under Art. 227 No.2694 of 2022 has been filed challenging the orders dated 23.05.2022 and 02.07.2022 passed by Additional Civil Judge, (Senior Division), FTC, Lucknow in Execution Case No.43 of 2019 as contained in Annexures – 1 & 2.

3. Writ Petition being Matters Under Art. 227 No.6346 of 2024 has been filed challenging the orders dated 07.12.2024, 12.12.2024, 11.09.2024 & 30.11.2019 passed in the Execution Case No.43 of 2019 as well as setting aside the entire execution proceeding in Execution Case No.43 of 2019.

A further prayer is made to set aside the auction sale dated

24.04.2024.

4. The facts, in brief, are that a suit was filed being Suit No.720 of 2017 (Dhaja Ram Charitable Trust v. Lavanaya Ayurvedic Pvt. Ltd.) before the Court of Additional District Judge, South District, Saket Court, New Delhi for recovery of arrears of profit share, rent and damages against Lavanaya Ayurvedic Pvt. Ltd.,(defendant no 1in the suit) and Defendant No.2 in the said suit was Smt. Sangeeta Srivastava. The said suit was decreed ex-parte on 19.02.2019 in favour of the plaintiff trust, however, it was specifically provided that the suit is being decreed only against Defendant No.1 i.e. the company Lavanaya Ayurvedic Pvt. Ltd. The suit in respect of Defendant No.2 was not decreed. Operative portion of the decree is quoted herein below “Vide separate judgment of even date the sult is decreed In lavour of plaintiff and against the defendant no. 1 in the sum of Rs. 17.99,366/ with pre suit interest effective from 01.12.2014 @ 9% per annum, pendente lite Interest @9% per annum and future Interest @6% per annum.

Costs of the suit are also awarded in favour of plaintiff and against the defendant no. 1.

Defendant no.2 is the chairman of defendant no. 1 company. The agreement Ex.PW1/2 was executed between the plaintiff and defendant no. 1. The defendant no. 1 is a separate entity in the eyes of law and defendant no. 2 cannot be made personally Ilable for the dues of delendant no. 1. Relief against defendant no. 2 is therefore declined.

Decree sheet be prepared accordingly.”

5. In pursuance to the ex-parte decree, an Execution Case No.43 of 2019 was filed in the District Court, Lucknow for execution of the decree against the company only seeking attachment of the movable and immovable property of the judgment debtor company. On 13.05.2019, an application was filed by the trust under Order 21 Rule 43 of CPC seeking attachment of the bank account and the house building situate at Plot No.128C, Dhawan Estate, Dewa Road, Chinhat, Lucknow.

6. In the said application with regards to the property sought to be attached and auctioned following was pleaded:

”That there is only one immovable property i.e., a commercial plot measurin 0.228 Hectare, Gatta No. 128C in the name of Late Sh. Ashok Kuma Srivastav, former Chairman / Director of Lavanya Ayurvedi Pvt. Ltd., located is Dhawan Estate, Dewa Road, Chinhat, Lucknow, on which the building c Lavanya Ayurvedic Hospital was built and the hospital is currently in operation Value of this property is approx. Rs. 2,50,000,00/- (Rupees Two Crore and fift lace only). A copy