ASHOK KUMAR vs MANMOHAN HARJAI

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th March, 2025 + CM(M) 504/2025 & CM APPL. 15542-15543/2025 ASHOK KUMAR .....Petitioner Through: Mr. Amit Srivastava, Ms. Uzma, Mr. Manish Panchal and Mr. Kapil Tomar, Advocates. versus MANMOHAN HARJAI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein was defending a summary suit filed under Order XXXVII CPC for recovery of Rs. 2,50,000/- with interest. 2. He, eventually, suffered a decree as the abovesaid suit was decided against him vide judgment dated 15.03.2019. 3. Based on the abovesaid decree, decree-holder filed an Execution Petition which was registered as 2 EX 2024/2019. 4. When such Execution Petition was taken up by the learned Executing Court on 29.11.2024, it passed following order:- “On last date of hearing, warrants of attachment were issued, which were received back 'not enough articles'. Today, Ld. counsel for DH has moved an application u/o XXI Rule 30 CPC. Soft copy supplied. Ld. counsel for JD submits that he wants to file the reply to the application u/o XXI rule 30 CPC. Since the warrants of attachment were not executed, the Court is not inclined to hear the arguments on above mentioned application. Application stands allowed. Let warrants of arrest be issued against JD to be executed through SHO concerned on filing of PF and subsistence allowance for one week within 7 days from today, returnable on NDOH i.e. 23.01.2025.” 5. The learned Executing Court, on the next date i.e. 23.01.2025, noticed that the warrant of arrest had been received back with report “out of station” Signature Not Verified Digitally Signed CM(M) 504/2025 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 11:11:20 and, accordingly, it issued fresh warran