EX.P.57/2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 24^th January, 2022

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EX.P. 57/2018

SMT. SUKRITA BAJAJ

..... Decree Holder

Through:

Ms. Sonali Malhotra, Advocate.

Versus

SH. SUNDEEP@SANDEEP SEHGAL

..... Judgment Debtor

Through:

Mr. Neeraj Yadav, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J. (Oral)

EX.(OS) 1315/2021(u/O.XXI R-58 CPC)

1.

The present application has been filed on behalf of the judgment

debtor seeking to place on record objections under Order XXI Rule 58 of the

Code of Civil Procedure, (CPC), 1908, against the attachment/sale of

basement, ground floor and third floor with terrace rights of property

bearing No. S-87, Greater Kailash, Part-II, New Delhi.

2.

The facts leading to the filing of the present application by the

judgment debtor are: (i) The suit bearing no. CS (OS) 172/2017 filed by the

petitioner herein was decreed in the sum of Rs. 2,81,25,000/- along with

interest @ 10 % by this Court on 13^th April, 2018: (ii) the present execution

petition was filed by the decree holder on 22th May, 2018 for execution of

the decree dated 13^th April, 2018: (iii) notice was issued in the present

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EX.P.57/2018

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petition and an order of attachment of properties bearing no. S-87, Greater

Kailash-II, New Delhi and E-107, Ground Floor, Greater Kailash-II, New

Delhi, was passed by this Court on 16^th July, 2018. Further, the judgment

debtor was directed to file an affidavit of assets in terms of Order XXI Rule

41(2) of the CPC; (iv) objections were filed by the builders with whom the

father of the judgment debtor had entered into a collaboration agreement for

reconstruction of property bearing no. S-87, Greater Kailash-II, claiming to

be the owner of the first and second floor of the said property ; (v) the said

objection were allowed by this Court vide order dated 15^th March, 2021 and

the warrants of attachment issued in terms of first and second floor of the

aforesaid property were withdrawn; (vi) objections were also filed by Ms.

Suneeta Sehgal, sister of the judgment debtor, claiming to be 50% owner of

the remaining share in the said property: (vii) subsequently an affidavit was

filed by Ms. Suneeta Sehgal stating that she has no objection if this Court

dispose of the share of the judgment debtor in the property subject to safe

custody of her share in the property; (viii) an application was filed by the

decree holder seeking proclamation of sale with respect to the share of the

judgment debtor in the property bearing no. S-87, Greater Kailash-II, New

Delhi; (ix) This Court vide order dated 29^th October, 2021 allowed the

application filed on behalf of the decree holder and fixed the schedule for

proclamation and sale through auction of the half undivided share of the

decree holder in the subject property to be conducted on 28^th January 2022.

3.

This application has been filed on 29^th October, 2021 and by way of

the said application, the judgment debtor seeks to place on record his

objections premised on Section 60(1)(ccc) of the CPC. It is averred that the

said property is the sole residential property of the judgment debtor and

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EX.P.57/2018

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therefore, the same cannot be attached in terms of Section 60(1)(ccc). In

this regard reliance is placed on the affidavit of assets filed on behalf of the

judgment debtor on 19^th November, 2018 wherein the residential address of

the judgment debtor is shown as E-107, Greater Kailash, Part-II and in the

list of assets only one residential property, being No. S-87, Greater Kailash,

Part-II, New Delhi, is shown.

4.

Counsel for the judgment debtor submits that this property was

subject matter of the Collaboration Agreement between the builder M/s.

JPMG Enterprises (here