Neutral Citation Number: 2023:DHC:2182

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 27^th March, 2023

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EX.P. 121/2015 & EX.APPL.(OS) 395/2016, 97/2018 &

529/2018

SUMAN SAPRA

..... Decree Holder

Through:

Mr.Jitender

Chaudhary

&

Ms.Rajbala, Advs.

versus

ROSY DABAS & ORS

..... Judgement Debtors

Through:

Mr.Pallav

Saxena,

Mr.Mohammad

Nausheen

Samar,

Mr.Diwaker

Goel,

Mr.Abdul Wasih, Ms.Supreeti

Chauhan & Mr.Nipun Sharma,

Advs. for the JD

Mr.Simranjeet Singh, Ms.Neha

Gupta & Mr.Karan Jain, Advs.

for IARCL Bank.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (ORAL)

1.

This Execution Petition has been filed seeking execution of the

Preliminary Decree dated 17.09.2012 and Final Decree dated

03.03.2014.

2.

Admittedly, the Final Decree has still not been prepared by the

Registry for want of valuation of the Suit Property, that is, bearing No.

E-3/3, Vasant Vihar, New Delhi-110058, from the concerned Revenue

Authorities.

Digitally Signed By:SUNIL

Signing Date:29.03.2023

12:38:47

Signature Not Verified

Neutral Citation Number: 2023:DHC:2182

3.

The learned counsel for the Decree Holder submits that though

communications have been addressed by the Registry of this Court to

the Principal Secretary (Revenue) to furnish the valuation report with

respect to the Suit Property, the same has not been received till date,

because of which the appropriate Stamp Duty to be paid on the Final

Decree could not be determined by the Registry and paid by the

parties herein.

4.

The learned counsel for the Judgment Debtor no.1, placing

reliance on the judgments of the Supreme Court in Shankar Balwant

Lokhande (Dead) By Lrs. V. Chandrakant Shankar Lokhande and

Another, (1995) 3 SCC 413; and West Bengal Essential Commodities

Supply Corporation v. Swadesh Agro Farming & Storage Pvt. Ltd.,

(1999) 8 SCC 315, submits that until the Decree is engrossed on the

requisite stamp paper, the same is not executable. He submits that the

present petition is, therefore, premature.

5.

On the other hand, the learned counsel for the Decree Holder,

placing reliance on the judgment of the Supreme Court in Chiranji

Lal (D) by Lrs. V. Hari Das (D) by Lrs., (2005) 10 SCC 746, submits

that the above two judgments of the Supreme Court have been

considered by a larger Bench of the Supreme Court in Chiranji Lal

(supra) and it has been held that the Decree becomes enforceable on

the passing of the judgment, and even if there is a direction of the

Court for furnishing of the stamp paper by a particular date for the

purposes of engrossing of the Decree, the period of limitation would

begin to run from the date when the Decree is passed and not from the

date when the Decree is engrossed on the stamp papers supplied by

the parties.

Digitally Signed By:SUNIL

Signing Date:29.03.2023

12:38:47

Signature Not Verified

Neutral Citation Number: 2023:DHC:2182

6.

He submits that the interest of the revenue can be safeguarded

by directing that the proceeds of the sale of the Suit Property would

first be applied towards the payment of the requisite Stamp Duty

before being divided amongst the parties in accordance with the Final

Decree. In support he places reliance on the judgment of the Division

Bench of this Court in Arjun Somdutt v. Vivan Somdutt and Ors.,

MANU/DE/5413/2022.

7.

The learned counsel for the International Asset Reconstruction

Company Limited (in short ‘IARCL’), drawing reference to the order

dated 26.02.2018, supports the submission of the learned counsel for

the Decree Holder and states that delay in auction of the suit property

leads only to the increase of the liability owed by the Judgment Debtor

no.1 and diminishes the security amount available with the IARCL,

which stands attached by an order passed by the learned Debt

Recovery Tribunal.

8.

I have considered the submissions made by the learned counsels

for the parties. In Chiranji Lal (supra