Jai Prakash v. Sopna Rani

Delhi High Court · 13 May 2025 · 2025:DHC:3711
Manoj Jain
CM(M) 881/2025
2025:DHC:3711
civil petition_dismissed

AI Summary

The High Court disposed of the petition with liberty to the judgment debtor to file an application before the executing court for recall of warrants of attachment upon proof of substantial payment, keeping the warrants in abeyance temporarily.

Full Text
Translation output
CM(M) 881/2025 1
HIGH COURT OF DELHI
Date of Decision: 13th May, 2025
CM(M) 881/2025 & CM APPL. 28437/2025
JAI PRAKASH .....Petitioner
Through: Mr. Amit Jain and Mr. Dinesh Kumar, Advocates
VERSUS
SMT. SOPNA RANI .....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CM APPL. 28437/2025 (exemption)
Exemption allowed, subject to all just exceptions.
CM(M) 881/2025

1. Learned counsel for petitioner/judgment debtor submits that he has already e-filed the impugned order dated 28.04.2025 which indicates that warrants of attachment has been issued against the judgment debtor. He submits that decretal amount has been paid substantially and the balance outstanding is hardly Rs. 2,000/-.

2. After hearing arguments for some time, learned counsel for petitioner submits that he would place on record all the receipts before the learned Executing Court. He submits that he would move appropriate application in this regard before the learned Executing Court, seeking recall of warrants of attachment also. CM(M) 881/2025 2

3. In view of the above and considering the fact that the substantial decretal amount has already been paid, the present petition is disposed of with liberty to the petitioner to file any such application along with receipts seeking recall of warrants of attachment.

4. Let such application be filed within two working days and till then the warrants of attachment shall remain in abeyance.

5. However, it is clarified that it will be upto the learned Executing Court to consider any such application and the receipts and then to proceed further with the Execution Petition and to pass appropriate orders for the purpose of realizing the balance decretal amount.

6. Present petition stands disposed of in aforesaid terms.

7. A copy of this order be given dasti under the signatures of the Court Master.

JUDGE MAY 13, 2025/dr/shs