Execution petition under Order XXI Rules 10, 30 and 41 CPC with affidavit and statement of truth
0 of 47 blanks filled
IN THE COURT OF Name of the presiding Judge, DISTRICT JUDGE (COMMERCIAL COURT)-Commercial court number, PATIALA HOUSE COURTS, NEW DELHI.
EXECUTION PETITION (COMM.) NO. Execution petition number OF Year of the execution petition
IN
C.S. (COMM.) NO. Commercial suit number/Year of the commercial suit
IN THE MATTER OF:
Decree holder's name: DECREE HOLDER
VERSUS
Judgment debtor's name: JUDGMENT DEBTOR
INDEX
| S.NO. | PARTICULARS | PAGE |
|---|---|---|
| 1. | MEMO OF PARTIES |
| 2. | EXECUTION PETITION UNDER ORDER XXI RULES 10, 30 AND 41 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE DECREE HOLDER FOR EXECUTION OF THE JUDGMENT / DECREE DATED Date of decree PASSED BY THE LEARNED DISTRICT JUDGE (COMMERCIAL COURT) ARISING OUT OF C.S. (COMM.) NO. Commercial suit number AGAINST THE JUDGMENT DEBTOR, ALONG WITH THE AFFIDAVIT. |
| 3. | STATEMENT OF TRUTH BY THE DECREE HOLDER / PLAINTIFF. |
| 4. | DOCUMENT – P1: COPY OF THE BOARD RESOLUTION AUTHORIZING Title of authorized representative (Mr./Ms.) Authorized representative's name. |
| 5. | DOCUMENT – P2: CERTIFIED COPY OF THE JUDGMENT AND DECREE DATED Date of decree PASSED BY THE LEARNED DISTRICT JUDGE (COMMERCIAL COURT) ARISING OUT OF C.S. (COMM.) NO. Commercial suit number. |
| 6. | COURT FEE |
| 7. | VAKALATNAMA |
| 8. | PROOF OF SERVICE. |
DELHIDECREE HOLDER
THROUGH
Advocate's name, ADVOCATES
Advocate's address
Advocate's city and PIN code
PHONE: Advocate's phone number
EMAIL: Advocate's email address
DATED: Date of petition
IN THE COURT OF Name of the presiding Judge, DISTRICT JUDGE (COMMERCIAL COURT)-Commercial court number, PATIALA HOUSE COURTS, NEW DELHI.
EXECUTION PETITION (COMM.) NO. Execution petition number OF Year of the execution petition
IN
C.S. (COMM.) NO. Commercial suit number/Year of the commercial suit
IN THE MATTER OF:
Decree holder's name: DECREE HOLDER
VERSUS
Judgment debtor's name: JUDGMENT DEBTOR
MEMO OF PARTIES
1.Decree holder's name — DECREE HOLDER
2.Judgment debtor's name
MOB.: Judgment debtor's mobile number
— JUDGMENT DEBTOR
DECREE HOLDER
THROUGH
Advocate's name, ADVOCATES
Advocate's address
Advocate's city and PIN code
PHONE: Advocate's phone number
EMAIL: Advocate's email address
DELHI
DATED: Date of petition
IN THE COURT OF Name of the presiding Judge, DISTRICT JUDGE (COMMERCIAL COURT)-Commercial court number, PATIALA HOUSE COURTS, NEW DELHI.
EXECUTION PETITION (COMM.) NO. Execution petition number OF Year of the execution petition
IN
C.S. (COMM.) NO. Commercial suit number/Year of the commercial suit
IN THE MATTER OF:
Decree holder's nameDECREE HOLDER
VERSUS
Judgment debtor's nameJUDGMENT DEBTOR
EXECUTION PETITION UNDER ORDER XXI RULES 10, 30 AND 41 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, ON BEHALF OF THE DECREE HOLDER FOR EXECUTION OF THE JUDGMENT / DECREE DATED Date of decree PASSED BY THE LEARNED DISTRICT JUDGE (COMMERCIAL COURT)-Commercial court number, PATIALA HOUSE COURTS, NEW DELHI, IN C.S. (COMM.) NO. Commercial suit number, AGAINST THE JUDGMENT DEBTOR.
MOST RESPECTFULLY SHOWETH:
1.That the instant petition is filed by Decree holder's name (hereinafter referred to as the "Decree Holder") under Order XXI Rules 10, 30 and 41 of the Code of Civil Procedure, 1908, read with Section 151 of the Code of Civil Procedure, 1908, seeking execution of the judgment / decree dated Date of decree (hereinafter referred to as the "Decree") passed by the Ld. District Judge, Name of the presiding Judge, against the Judgment Debtor.
2.That the Decree Holder is a company duly incorporated under the Companies Act, 1956. The Decree Holder is engaged in providing services through a combination of world-class infrastructure, logistics operations, and cutting-edge engineering and technological capabilities, and enjoys a good reputation in the national and international markets. The instant petition for execution of the decree dated Date of decree is filed by the Decree Holder through its authorized representative, Authorized representative's name, who is competent, inter alia, to sign, verify and file the instant petition on behalf of the Decree Holder vide the board resolution dated Date of board resolution. A copy of the board resolution dated Date of board resolution authorizing Title of authorized representative (Mr./Ms.) Authorized representative's name is annexed herewith and marked as DOCUMENT – P1.
3.That the Judgment Debtor is a proprietorship firm managed and operated by its sole proprietor, namely Sh. Proprietor's name. The Judgment Debtor, through its Proprietor and authorized representatives, approached the Decree Holder, and after several rounds of discussions between the parties, the Judgment Debtor entered into a contractual framework with the Decree Holder and subsequently engaged the Decree Holder for the provision of services. For the supply of services by the Decree Holder to the Judgment Debtor, the parties entered into a Service Agreement dated Date of service agreement.
4.That the Decree Holder prays for the execution of the decree, the particulars whereof are stated in the columns hereunder:
| i. | Nature and details of the decree. | Judgment / Decree dated Date of decree, passed by the Ld. District Judge (Commercial Court), arising out of Civil Suit (Commercial) bearing No. Commercial suit number. |
| ii. | Name of the parties. | Decree holder's name … DECREE HOLDER; VERSUS; Judgment debtor's name … JUDGMENT DEBTOR. |
| iii. | Date of the decree / judgment / order of which execution is sought. | Judgment / Decree dated Date of decree passed by the Ld. District Judge (Commercial Court) in the above-mentioned case. A certified copy of the Judgment / Decree dated Date of decree is annexed to this petition as DOCUMENT – P2. |
| iv. | Whether any appeal has been preferred against the decree. | No. |
| v. | Whether any payment has been made between the parties subsequent to the decree. | No. |
| vi. | Whether any previous application has been made for the execution of the decree. | No. |
| vii. | Whether the judgment / decree / order granted any costs and interest. | No. |
| viii. | Amount of the suit along with interest as per the judgment / decree, or any other relief granted by the decree. | (i) The Decree Holder is entitled to recover ₹Decretal amount (₹)/- (Decretal amount in words only); (ii) pre-suit interest has been awarded @ 18% per annum in terms of clause 5.4 of the Agreement (Ex. PW1/3) executed between the parties, from the due date of the individual outstanding bill till the date of filing of the suit; (iii) pendente lite interest has been awarded @ 10% per annum from the date of filing of the suit till the date of judgment; (iv) future interest has been awarded @ 10% per annum from the date of judgment till its realisation; (v) costs of the suit have also been awarded in favour of the Decree Holder. |
| ix. | Amount of costs, if allowed by the Court. | Yes. Costs of the suit have been awarded in favour of the Decree Holder. |
| x. | The name of the entity against whom execution of the decree is sought. | Against the Judgment Debtor / Defendant: M/S Judgment debtor's firm name, Judgment debtor's address, and also at Judgment debtor's alternate address. |
| xi. | The mode in which the assistance of the Court is required. | (A) Grant the Decree Holder its rightful dues under the decree dated Date of decree, to the tune of ₹Decretal amount (₹)/- along with pre-suit interest @ 18% per annum in terms of clause 5.4 of the Agreement (Ex. PW1/3) executed between the parties, from the due date of the individual outstanding bill, i.e., Due date of outstanding bill, till the date of filing of the suit, i.e., Date of filing of suit, which stands at a total of ₹Total amount due (₹)/-, along with interest @ 18% per annum; and/or (B) direct the Judgment Debtor to disclose the bank accounts held by it with various financial institutions; and/or (C) appoint an investigating officer to conduct a comprehensive inquiry into the Judgment Debtor's assets, including bank accounts, properties and other valuable assets; and/or (D) issue warrants of attachment for the freezing of the bank accounts and any other assets of the Judgment Debtor; and/or (E) pass directions for the sale of the movable and immovable properties of the Judgment Debtor in order to realise the decretal amount; and/or (F) restrain any transfer or disposal of assets by the Judgment Debtor until the decree is satisfied; and/or (G) pass such other or further order(s) as this Hon'ble Court may deem fit and proper. |
| xii. | Whether a certified copy of the decree is provided. | Yes. |
OTHER RELEVANT INFORMATION
The Decree Holder respectfully submits that:
A.That the Ld. District Judge was pleased to pass a Decree in favour of the Decree Holder vide judgment/Decree dated Date of decree, whereby it was held that:
"i.The plaintiff is entitled to recover Rs.Decretal amount (₹)/- (Rupees Decretal amount in words only);
(ii.)Pre-suit interest is awarded @ 18% per annum in terms of clause 5.4 of the Agreement (Ex.PW1/3) executed between the parties, from the due date of the individual outstanding bill till the date of filing of the suit;
(iii.)Pendente lite interest is awarded @ 10% per annum from the date of filing of the suit till the date of judgment;
(iv.)Future interest is awarded @ 10% per annum from the date of judgment till its realisation;
(v.)Costs of the suit are also awarded in favour of the plaintiff."
B.That there is no stay order from any superior court against the execution of the Decree dated Date of decree passed by the Ld. District Judge.
C.The Decree Holder submits that the said Decree is enforceable as a decree of this Hon'ble Court under Section 36 of the Act read with the provisions of the Code of Civil Procedure, 1908, and is executable as such, there being no stay order against the operation of the Decree.
D.That the Judgment Debtor has neither paid nor deposited the said decretal amount till date.
E.That, to the knowledge of the Decree Holder, the Judgment Debtor maintains a bank account with Judgment debtor's bank name or branch. Further, the Judgment Debtor maintains a bank account bearing number Judgment debtor's bank account number., the details whereof are unknown to the Decree Holder.
F.For the assistance of this Hon'ble Court, the Decree Holder herewith presents the calculation of the total amount as granted by the Ld. District Judge. Attached herewith is a table detailing the amount payable as of Date of amount calculation.
| Description | Amount | IGST | Total |
| Amount of claim allowed as per Para 21 of the Judgment/Decree dated Date of decree. | Claim amount (₹)/- | IGST amount (₹). | Total claim amount (₹). |
| Pre-suit interest @ 18% from July, 2020 till Date till which pre-suit interest accrues | Pre-suit interest amount (₹) |
| Pendente lite and future interest @ 18% p.a. from Date of filing of suit till date. |
| Total | Total amount (₹) | IGST amount (₹). | Grand total amount (₹). |
G.It is pertinent to note that the aforementioned table delineates the amount payable as of Date of amount calculation. The interest accruable to the plaintiff from the defendant amounts to Rs.Interest amount (₹)/-, along with pre-suit interest @ 18% on the amount held payable from the due date of the individual outstanding bill, i.e., Due date of outstanding bill, till the date of filing of the suit, i.e., Date of filing of suit, which stands at a total of Total amount due (₹)., along with pendente lite and future interest @ 18% p.a. from Date of commencement of suit, the date of commencement of the suit proceedings, pendente lite until the issuance of the Decree, and thereafter until the full payment or realisation of the sum by the plaintiff from the defendant. Hence, until the Decree Holder is fully compensated, the accrual of interest shall continue.
JURISDICTION:-
H.That the Decree Holder submits that the Decree under execution was passed by the Ld. District Judge, New Delhi District, Patiala House Courts, New Delhi, which falls within the territorial jurisdiction of this Hon'ble Court, and the amount decreed by the Ld. District Judge does not exceed Rs. 2 crores. Pertinently, the proceedings were conducted before the Ld. Trial Court. It is relevant to mention that the Decree was passed by this Hon'ble Court, and therefore this Hon'ble Court has the requisite territorial and pecuniary jurisdiction to entertain the present petition.
I.That the present Execution Petition is valued at Rs.Valuation of petition (₹)/. Therefore, this Hon'ble Court has the pecuniary as well as territorial jurisdiction to adjudicate the present petition.
J.The Decree Holder seeks the leave of this Hon'ble Court to rely upon the documents annexed hereto as well as the documents filed before the Ld. District Judge, and reserves its right to raise such other and further grounds in support of the petition as may be available to it, and also craves leave to refer to and rely upon relevant documents for the purpose of the present execution petition, with the leave of this Hon'ble Court.
K.The subject matter of the present petition is a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act. Thus, this Court is competent to adjudicate the present petition.
L.The present petition is not barred by limitation and is bonafide and filed for the ends of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
A.Grant the Decree Holder its rightful dues qua the Decree/judgment dated Date of decree, to the tune of Rs. Decretal amount (₹)/-, along with pre-suit interest @ 18% p.a. in terms of clause 5.4 of the Agreement (Ex.PW1/3) executed between the parties, from the due date of the individual outstanding bill, i.e., Due date of outstanding bill, till the date of filing of the suit, i.e., Date of filing of suit, which stands at a total of Total amount due (₹)., along with pendente lite and future interest @ 18% p.a.; and/or
B.Direct the Judgment Debtor to disclose the bank accounts held by it with various financial institutions; and/or
C.Appoint an investigating officer to conduct a comprehensive inquiry into the Judgment Debtor's assets, including bank accounts, properties and other valuable assets; and/or
D.Issue warrants of attachment for the freezing of the bank accounts and any other assets of the Judgment Debtor, as well as of its special purpose vehicle companies; and/or
E.Pass directions for the sale of the movable and immovable properties of the Judgment Debtor in order to realise the decreed amount; and/or
F.Issue a warrant of attachment on the amounts/income receivable by the Judgment Debtor, as well as by its special purpose vehicle companies, from the defendant.
G.Stay any transfer or disposal of assets by the Judgment Debtor/defendant, as well as by their special purpose vehicle companies, until the Decree is satisfied; and/or
H.Pass any other or such further order(s) as this Hon'ble Court may deem fit and proper.
DELHIDECREE HOLDER
THROUGH
DATED: Date of petition
ADVOCATES
Advocate's address,
DELHI-110014
PHONE: Advocate's phone number
EMAIL:
IN THE COURT OF SH. VIDYA PRAKASH, DISTRICT JUDGE (COMMERCIAL COURT)-02, NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI.
EX. PETITION (COMM.) NO. Execution petition number OF 2024
IN
CS (COMM) NO. Commercial suit number
IN THE MATTER OF:
Decree holder's name: DECREE HOLDER
VERSUS
Judgment debtor's name
_JUDGMENT DEBTOR
AFFIDAVIT
Affidavit of Ms. Authorized representative's name, Authorised Representative of M/s. Decree holder company's name, having its registered office at Registered office address, New Delhi-110037, who does hereby solemnly affirm and declare as under:
1.That I am the Authorised Representative of the Decree Holder/plaintiff company vide Board Resolution dated Date of board resolution and am fully conversant with the facts leading to the filing of the accompanying petition, and I am competent to swear this statement.
2.That the accompanying execution petition has been drafted by the counsel for the Decree Holder under my instructions. The contents thereof are true and correct, and the same are not being reproduced herein for the sake of brevity; the same may be treated as part and parcel of this affidavit.
3.That there is no stay order from any superior court against the execution of the Decree.
DEPONENT
VERIFICATION:
Verified at Delhi on this Date of verification day of September, 2024 that the contents of my above affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF SH. VIDYA PRAKASH, DISTRICT JUDGE (COMMERCIAL COURT)-02, NEW DELHI DIST., PATIALA HOUSE COURTS, NEW DELHI
EX. PETITION (COMM.) NO. Execution petition number OF 2024
IN
CS (COMM) NO. Commercial suit number/2023
IN THE MATTER OF:
Decree holder's name: DECREE HOLDER
VERSUS
: JUDGMENT DEBTOR
STATEMENT OF TRUTH BY PETITIONER
Affidavit of Ms. Authorized representative's name, Authorized Representative of M/s. Decree holder company's name, having its registered office at Registered office address, New Delhi-110037, who do hereby solemnly affirm and declare as under:
1.That I am the Authorized Representative of the Decree Holder / Plaintiff company by virtue of the Board Resolution dated Date of board resolution, and I am fully conversant with the facts leading to the filing of the accompanying petition and am competent to swear this Statement.
2.That I am sufficiently conversant with the facts of this case and have examined all relevant documents and records in relation thereto.
3.That the contents of paragraphs 1 to Last paragraph number of petition of the accompanying petition are true and correct, based on information received by me. The last paragraph of the accompanying petition is a prayer to this Hon'ble Court.
4.I state that there is no false statement or concealment of any material fact, document or record, and that I have included all information which, according to me, is relevant to the present petition.
5.I state that the above-mentioned pleading comprises a total of Total number of pages pages, each of which has been signed by me.
6.I state that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the Petitioner, have been disclosed and copies thereof annexed with the petition, and that I do not have any other document in my power, possession, control or custody.
7.I state that I am aware that, for any false statement or concealment, I shall be liable for any action taken against the Petitioner under the law.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification day of September, 2024 that the contents of the above affidavit are correct to my knowledge, that no part of it is false, and that nothing has been concealed therefrom.
DEPONENT