$~69 * IN THE HIGH COURT OF DELHIAT NEW DELHI + RFA(COMM) 399/2025 & CM APPL. 3491/2026 SHRI YAMIN .....APPELLANT Through: Mr. Jai Prakash, Adv.

versus KAVITA GOYAL .....RESPONDENT Through: None.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 19.01.2026 RFA(COMM) 399/2025 & CM APPL. 3491/2026

1. This hearing has been done through hybrid mode.

2. The present application has been filed by the Appellant under Section 151 of the Code of Civil Procedure, 1908, seeking permission to deposit the amount of Rs. 7,00,000/- which was directed in terms of order dated 22nd July, 2025.

3. Vide order dated 22nd July, 2025, the Court had directed as under:

“[...]

10. Issue notice. Since this is a first appeal against a money decree, subject to deposit of Rs. 7,00,000/- by 20th September,2025,theexecutionpetitionwhichhasbeenfiled, shall not be proceeded with in respect of the impugned judgment/decree.

11. Let the Respondent be served dasti, as also through the Counsel appearing for the Respondent/Plaintiff in the Trial Court/Execution.

proceedings.

12. At this stage, ld. Counsel submits that the execution petition is listed on 26th July, 2025.

Let the same be adjourned on 26th July, 2025 and be fixed for a later date.

13. It is made clear that if the deposit of Rs. 7,00,000/- is not made to the Registrar General’s account by 20th September, 2025, the execution petition shall be proceeded with in accordance with law.”

4. In terms of the above order, the Court had directed the Appellant to deposit Rs. 7,00,000/- by 20^th September, 2025. However, the Appellant had moved an application on 24th November, 2025 to grant conditional stay on execution upon depositing Rs. 3,50,000/- only, instead of 7,00,000/- on the ground that he had met with an accident and he was immobilized. At that stage, the Appellant was permitted to deposit Rs. 3,50,000/- and Court had directed that the stay of the impugned decree shall apply only for the sum of Rs. 3,50,000/-. The relevant portion of the order dated 24th November, 2025 reads as under:

“[...]

4. Today, ld. Counsel for the Appellant has moved an application stating that the Appellant met with an accident and due to the same, he has been able to deposit only a sum of Rs.3,50,000/-.

5. Considering this position, let the amount of Rs.3,50,000/- be deposited by the Appellant by way of a demand draft with the Registrar General of this Court. The said amount i.e. Rs.3,50,000/- shall be retained in a fixed deposit receipt.

6. The stay of the impugned decree shall, therefore, apply only for the sum of Rs.3,50,000/-. If the Appellant is able to deposit any further amounts, liberty is granted to move an application.”

5. Today, the Appellant submits that he has managed to arrange Rs. 7,00,000/- and prepared a Demand Draft of Rs. 7,00,000/- in favour of the Registrar General.The copyof the DemandDraft is enclosed with the present application.

6. Let the Demand Draft be deposited with the Registrar General and the samebeencashed,andtheamountbekeptinaFixedDepositonauto-renewal mode.

7. Accordingly, CM APPL. 3491/2026 stands disposed of.

8. It is also a matter of concern that the Respondent has till date not been served. A perusal of the memo of parties shows that the Respondent is a resident of Vishnu Garden, Delhi.

9. Let the Registry issue notice to the Respondent on the email address, as mentioned in the memo of parties:

Email Address: bhupesh44saini@gmail.com

10. Additionally, the Appellant shall take Dasti notice and serve the Respondent Dasti.

11. Moreover, it has been submitted previously that the execution proceedings have already been initiated in this case, the details of the execution proceedings is as under:

● Executing Court: Tiz Hazari Court ● Execution Petition: Execution (Comm.) 134/2025 ● Next Date: 28th February, 2026

12. Iftheserviceisnoteffected,theappealwouldbeliabletobedismissed. 13. Copy of this order as also the earlier two orders be communicated to the presiding officer of the Executing Court so that the Responde