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2025 Supreme(Online)(DEL) 479
HIGH COURT OF DELHI
Anish Dayal, J
TELEDYNE ICM SRL – Appellant
Versus
R K AND SONS – Respondent
EX.P. 23/2025
DUSHYANT MANOCHA
The court emphasized the importance of compliance with consent orders and adherence to procedural rules for execution of judgments under the Code of Civil Procedure.
Headnote:(A) Code of Civil Procedure, 1908 - Orders XXI Rule 41(2) and Rule 54(1) - Applications concerning execution and attachment of property - Exemption granted for filing documents; certificate from High Court of Bombay allowed; Judgment Debtor directed to file affidavit of assets; immovable property attachment ordered with restrictions on third-party rights; consent order for payment not satisfied, leading to execution notice. (Paras 1-8)
(B) Execution of Decrees - The court emphasized the need for compliance with consent orders and the procedural requirements under the CPC for the execution of judgments. (Paras 1-8)
Facts of the case:
Multiple applications were filed for exemption and execution of a consent order regarding a significant monetary amount, with property attachment sought due to non-compliance by the Judgment Debtor.
Findings of Court:
Applications were disposed of with directions for compliance and notice issued for execution proceedings.
Issues: The main issues addressed included the execution of a consent order and the procedural requirements for asset disclosure by the Judgment Debtor.
Ratio Decidendi: The court underscored the necessity of adhering to procedural rules for execution and the importance of compliance with consent orders in enforcement actions.
Result: Applications disposed of with directions and notice issued.
ORDER :
EX.APPL.(OS) 292/2025 (Exemption from filing certified copies etc.)
1. Exemption is granted, subject to all just exceptions.
2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance before the next date of hearing.
3. Accordingly, the present application is disposed of.
EX.APPL.(OS) 289/2025
1. This application has been filed to take on record the certificate issued by the High Court of Bombay in a sealed cover.
2. The same is allowed.
3. Counsel for the decree holder will file the same and a copy of the same shall be placed on record of this Court.
4. Application stands disposed of, accordingly.
EX.APPL.(OS) 290/2025
1. This application has been filed under Order XXI Rule 41(2) of the Code of Civil Procedure,1908 (‘CPC’).
2. The Judgment Debtor is directed to file an affidavit of assets in terms of ‘Form-16A, Appendix- E’ under Order XXI Rule 41 (2) of CPC, within the next three weeks with copies to the opposing side.
3. Application stands disposed of, accordingly.
EX.APPL.(OS) 291/2025
1. This application has been filed under Order XXI Rule 54(1) of the CPC, seeking attachment of the immovable property in question being House No.19 Basement, D Block, Street No.5, Vasant Vihar, New Delhi.
2. Till the next date of hearing, there shall be no third-party rights created on the said property without the permission of this Court.
3. At this stage, counsel for Judgment Debtor states that they are ready to deposit the said amount before this Court.
4. The same may be deposited within a period of four weeks, which shall be kept in interest-bearing fixed deposit with the Registrar General of this Court.
5. A copy of the confirmation of the deposit shall be handed over to the counsel for the decree holder as well.
6. Application stands disposed of, accordingly.
EX.P. 23/2025
1. This petition has been under Order XXI of the CPC, seeking execution of the Consent Order dated 23rd October 2024, in Commercial Arbitration Petition (L) Nos. 3155/2024 & 3157/2024, passed by the High Court of Bombay.
2. A Consent Order had been passed, wherein the Judgment Debtor had committed to paying Rs.6,79,13,104/- (equivalent to EUR 738,507/-) along with interest.
3. Judgment Debtor did not satisfy the Consent Order. Since the property is situated in Delhi and falls within the territorial jurisdiction of this Court, the High Court of Bombay, vide order dated 24th January 2025, directed issuance of non-satisfaction certificate and transferred the matter to this Court in terms of Order XXI Rule 6-9 of the CPC.
4. A transfer certificate has been issued under Order XXI Rule 6 CPC on 30th January 2025, transferring the Consent Order to this Court for execution and satisfaction of the decree.
5. Issue notice.
6. Notice is accepted by Mr. Shreyas P. Barsawade, Counsel appearing on behalf of Judgment Debtor, who states that he shall seek instructions in this regard, file his vakalatnama, and file a reply in this regard before the next date of hearing, with copies to the opposing side.
7. List on 17th April 2025.
8. Order be uploaded on the website of this Court.
