Court name and designation of the presiding officer
Court district and complex
I.A. NO. I.A. number OF Year of the I.A. number.
IN
EX. NO. Index number OF Year of the execution case number.
(C.S. NO. Civil suit number)
IN THE MATTER OF:-
Decree holder's name…DECREE HOLDER
VERSUS
Judgment debtor's name…JUDGMENT DEBTOR
N.D.O.H.: Next date of hearing
APPLICATION ON BEHALF OF THE APPLICANT / DECREE HOLDER UNDER ORDER 21 RULES 37 AND 38 READ WITH SECTION 151 OF THE C.P.C.
MOST RESPECTFULLY SHOWETH:-
1.That the above-noted execution petition is pending before this Hon'ble Court, and the present application has been filed for Purpose of the application (warrant of arrest).
2.That vide order dated Date of attachment order, this Hon'ble Court issued a warrant of attachment against the movable assets of the judgment debtor to the extent of the decreetal amount lying in his property bearing No. Judgment debtor's property number, Judgment debtor's property pincode, and adjourned the matter to Date adjourned before ACJ for bailiff appointment before the Ld. ACJ for appointment of the bailiff and for consideration of Purpose of adjournment (objections to execution report) to the report on execution of the warrant of attachment.
3.That the Ld. ACJ (West), Delhi appointed the bailiff to execute the decree, and accordingly the bailiff so appointed, along with the Decree Holder, visited the aforesaid address of the judgment debtor to execute the warrant of attachment of his movable assets. However, the judgment debtor was not found present, and upon inquiry from the neighbours, it was informed that the judgment debtor had recently sold his property. It is pertinent to note that the judgment debtor had shifted the goods/movable assets from his house to some other place and had also sold his said property.
4.That having been left with no option, the bailiff and the Decree Holder returned from the house of the judgment debtor empty-handed. In these circumstances, the warrant of attachment was returned to this Hon'ble Court unexecuted by the bailiff, as the judgment debtor had sold his said property.
5.That on Date of bailiff report, the report of the bailiff was perused before this Hon'ble Court, and the Ld. Counsel for the Decree Holder also filed details of the assets/bank account of the judgment debtor. This Hon'ble Court issued a warrant of attachment against the bank account of the judgment debtor and adjourned the matter for Purpose of adjournment.
6.That the bailiff, to execute the decree, visited the bank of the judgment debtor, where he was informed by the Branch Manager of the Bank that the account of the judgment debtor stands in negative balance (minus ₹Negative bank balance amount (₹)/-). The said report has been filed before this Hon'ble Court by the Nazir/Bailiff.
7.That on the last date of hearing, i.e., Date of last hearing, report No. Report number perused was perused before this Hon'ble Court, and the Decree Holder also submitted that he has no knowledge of any other property in the name of the judgment debtor, as the latter had already sold his properties. It is pertinent to mention that the judgment debtor is well aware of the present proceedings pending against him. Hence, the present application has been filed for a warrant of arrest for sending the judgment debtor to civil imprisonment.
8.It is submitted that the judgment debtor is deliberately, intentionally and mala fide not appearing before this Hon'ble Court, and while remaining in contact with the Decree Holder, continues to state that he will pay the decretal amount. Thus, it is clear that the judgment debtor is merely watching the proceedings of this Hon'ble Court; he was aware of the visit of the bailiff and intentionally sold his property while also maintaining the account in negative balance.
9.That in fact the judgment debtor is a man of means and is voluntarily and intentionally avoiding payment of the decretal amount.
10.That the Decree Holder respectfully submits that, in view of the conduct and attitude of the judgment debtor, it is evident that the judgment debtor is merely dragging on the proceedings and does not intend to pay the decreetal amount to the Decree Holder.
11.That in the aforesaid circumstances, there is no option except to arrest and detain the judgment debtor in civil prison for the execution of the decree. The Decree Holder undertakes to deposit the diet money in this regard as per law, as and when directed by this Hon'ble Court for the civil imprisonment of the judgment debtor.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue a warrant of arrest against the judgment debtor in the interest of justice.
Any other or further order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Decree Holder and against the judgment debtor.
DELHIDECREE HOLDER
THROUGH
Advocate's name
ADVOCATE
DATED: Date of application
Advocate's address, Advocate's address pincode
Email: Advocate's email address
Mob.: Advocate's mobile number
Court name and designation of the presiding officer
Court district and complex
I.A. NO. I.A. number OF Year of the I.A. number.
IN
EX. NO. Index number OF Year of the execution case number.
(C.S. NO. Civil suit number/Year of the civil suit number)
IN THE MATTER OF:-
Decree holder's name…DECREE HOLDER
VERSUS
Judgment debtor's name…JUDGMENT DEBTOR
AFFIDAVIT
I, Decree holder's name (deponent) S/o Sh. Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, Deponent's address pincode, do hereby solemnly affirm and declare as under:-
1.I state that I am the Decree Holder in the aforementioned case and am therefore competent to swear this affidavit.
2.That the contents of the accompanying application are true and correct to my knowledge and belief, and the same have been drafted by my counsel under my instructions. The contents thereof may be read as part and parcel of this affidavit, and the same are not repeated herein for the sake of brevity.
3.I state that there is no stay operating in any appeal, revision or other proceeding in respect of the judgment and decree dated Date of judgment and decree passed by Name of the judge who passed the decree, Ld. District Judge, Court district and complex, in Civil Suit No. Civil suit number of decree, as no notice of any such proceeding has been served upon me at any point of time.
4.I state that the above statement of mine is true and correct.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification day of Month and year of verification that the contents of paragraphs 1 to 4 of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing has been concealed therefrom.
DEPONENT