9911796707
TMI Blog2019 (3) TMI 2070X X X X Extracts X X X X X X X X Extracts X X X X ..... rs have been convicted in the Section 138 NI Act proceedings and have been directed to pay the cheque amount along with interest. It is nowhere stated in the list of dates also that the payments have been received. The execution petition is thus found to be in abuse of the process of the Court and the decree-holder therefor is burdened with costs of Rs. 50,000/-, out of which Rs. 25,000/- be depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cree is sought by attachment of the immovable and movable properties of the judgment-debtor at (i) K-44, Udyog Nagar, near Peeragarhi, New Delhi, (ii) Factory at 278, Swarn Park, Udyog Nagar, Mundka, New Delhi, and (iii) 106, First Floor, State Bank Nagar, Paschim Vihar, New Delhi-63. 2. The counsel for the decree-holder, on enquiry states that the decree- holder has satisfied itself that only the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal amount as stated by the counsel for the judgment-debtor but an appeal preferred by the judgment-debtor as well as the decree-holder against the findings of the Metropolitan Magistrate is pending consideration. 6. The counsel for the judgment-debtor, on enquiry states that the judgment-debtor will not press the appeal preferred by the judgment-debtor insofar as with respect to payment of Rs. 81 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated in the execution petition but has been so stated in the list of dates. 9. A list of dates is for convenience and does not constitute a part of pleadings and the requisite averment has to be made in the pleadings and not in the list of dates. Reference in this regard may be made to Alind Workers Congress (affiliated to INTUC) Vs. United Shippers Limited 2008 SCC OnLine AP 470 (DB). 10. I hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys of today. 12. If the decree-holder, within ten days does not produce a receipt of deposit / payment of such costs with the Delhi High Court Advocates Welfare Trust and to the counsel for the judgment-debtor and does not show the same to the Court Master, the Court Master to have the execution petition re-listed for appropriate action against the decree-holder. 13. Else, accepting the statement ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
