NIZAM SHEIKH vs ALIMUDDIN

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 8th April, 2025 + CM(M) 655/2025 & CM APPL. 20675/2025 & CM APPL. 20676/2025 NIZAM SHEIKH .....Petitioner Through: Mr. Manoj Kumar, Advocate. versus ALIMUDDIN .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner-Mr. Nizam Sheikh suffered a decree. Based on the statements made by the parties, such decree, which is consent-decree, was passed by the learned Trial Court on 09.05.2016. 2. As per the broad terms of the settlement, the defendant had agreed to make a payment of Rs.4 lacs to the plaintiff. However, the defendant had also given a timeline for making such payment and also stated before the learned Trial Court that if he failed to make the payment as per the given schedule, he would pay interest @ 18% p.a. 3. It looks that such time-schedule was not adhered to by him and, resultantly, an Execution Petition was filed by the decree-holder in the year 2017. 4. In such Execution Petition, the judgment-debtor filed an objection Signature Not Verified Digitally Signed CM(M) 655/2025 1 By:SONIA THAPLIYAL Signing Date:09.04.2025 18:24:23 application under Section 47 read with Section 151 CPC while also contending therein that the settlement did not incorporate any interest and also that the rate of interest @ 18% p.a. was exorbitant. 5. The learned Executing Court, on the basis of the material available on record, dismissed the objection, being devoid of any merit. 6. However, since the decree-holder had also filed an application under Order XXI Rule 37 CPC whereby he was seeking arrest of the judgment-debtor, the learned Trial Court has issued warrants of arrest. 7. Such order with respect to issuance of warrants of arrest is under challenge. 8. The reas