Civil applications

Execution petition under Order XXI Rules 30, 32 and 41 CPC with index, memo of parties, affidavit and list of household articles

0 of 29 blanks filled

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1

Execution Petition for execution of the decree/order/judgment dated Date of decree passed by the Ld. Court of Sh. Name of judge, Ld. DJ-03 (Shahdara), Karkardooma Courts, Delhi against the Judgment Debtor, along with affidavit.

ANNEXURE-A: Certified copy of the decree/order/judgment dated Date of decree passed by this Hon'ble Court.

List of Household Articles.

Vakalatnama.

DECREE HOLDER

Place: DelhiTHROUGH

Dated:

Name of law firm (LAW FIRM)

ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

MEMO OF PARTIES

SH. Decree holder's name, S/o Decree holder's father's name, R/o Decree holder's address.: DECREE HOLDER

VERSUS

MR. Judgment debtor's name, S/o Judgment debtor's father's name, R/o Judgment debtor's address.: JUDGMENT DEBTOR

DECREE HOLDER

Through

Place: New Delhi

Dated:

Name of law firm (LAW FIRM)

ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:

SH. Decree holder's name, S/o Decree holder's father's name, R/o Decree holder's address.: DECREE HOLDER

VERSUS

MR. Judgment debtor's name, S/o Judgment debtor's father's name, R/o Judgment debtor's address.: JUDGMENT DEBTOR

EXECUTION PETITION UNDER ORDER XXI RULES 30, 32(1) AND 41(1) READ WITH SECTION 151 OF THE C.P.C. ON BEHALF OF THE DECREE HOLDER FOR EXECUTION OF THE ORDER/JUDGMENT/DECREE DATED {{date_of_decREE_REPLACED}}

Note: placeholder corrected below.

EXECUTION PETITION UNDER ORDER XXI RULES 30, 32(1) AND 41(1) READ WITH SECTION 151 OF THE C.P.C. ON BEHALF OF THE DECREE HOLDER FOR EXECUTION OF THE ORDER/JUDGMENT/DECREE DATED Date of decree PASSED BY SH. Name of judge, LD. DJ-03 (SHAHDARA), KARKARDOOMA COURTS, DELHI, IN C.S. (COMM.) NO. Commercial suit number/2022.

The Decree Holder prays for execution of the order/judgment, the particulars whereof are stated in the columns hereunder:

No. of the suit.

C.S. (Comm.) No. Commercial suit number/2022.

ii.

Name of the parties.

SH. Decree holder's name, S/o Decree holder's father's name, R/o Decree holder's address — DECREE HOLDER; VERSUS MR. Judgment debtor's name, S/o Judgment debtor's father's name, R/o Judgment debtor's address — JUDGMENT DEBTOR.

iii.

Date of the judgment/decree/order whereof execution is sought.

Judgment dated Date of decree passed by this Hon'ble Court in the above-mentioned case. A certified copy of the judgment dated Date of decree is annexed to this petition as Annexure-A.

iv.

Whether any appeal has been preferred from the judgment.

No. The Decree Holder has not received any notice of any appeal filed by the Judgment Debtor against the aforesaid judgment.

Whether any payment has been made between the parties subsequent to the judgment.

No.

vi.

Whether any previous application has been made for execution of the judgment.

No.

vii.

Whether the order/judgment/decree granted any costs and interest.

Yes. This Hon'ble Court awarded costs of the suit of Amount of costs awarded.

viii.

Amount of the suit claim along with interest as per the order/judgment, or any other relief granted by the judgment.

Yes. The Judgment Debtor was directed to pay arrears of rent of Amount of rent arrears along with interest @ 9% onwards pendent lite till realization to the Decree Holder. The Judgment Debtor was further directed to pay mesne profits at Monthly mesne profit per month for the period from Start date of mesne profits period till the actual date of eviction from the tenanted premises, along with 9% interest onwards pendent lite till realization to the Decree Holder.

ix.

Amount of costs, if allowed by the Court.

Yes.

The name of the entity against whom execution of the decree is sought.

Against the Judgment Debtor.

xi.

The mode in which the assistance of the Court is required.

As mentioned hereunder.

xii.

Whether a certified copy of the decree is provided.

Yes.

1.The Decree Holder respectfully submits as under:

A.That this Hon'ble Court was pleased to pass judgment in C.S. (Comm.) No. Commercial suit number/2022 in favour of the Decree Holder and against the Judgment Debtor, vide judgment dated Date of decree. The relief granted by this Hon'ble Court is reproduced hereunder:

*"a)The Defendant is directed to hand over vacant and peaceful possession of the tenanted suit property bearing No. Property number of suit premises, Locality of suit premises, to the Plaintiff.*

*b)The Defendant is directed to pay to the Plaintiff arrears of rent of Amount of rent arrears along with 9% interest onwards pendent lite till realization.*

*c)The Defendant is directed to pay to the Plaintiff mesne profits at Monthly mesne profit per month for the period from Start date of mesne profits period till the actual date of eviction from the tenanted premises, along with 9% interest onwards pendent lite till realization."*

B.That there is no stay order from any superior court against the execution of the order/judgment dated Date of decree passed by this Hon'ble Court.

C.That the Decree Holder submits that the order/judgment under execution was passed by the Ld. Court of Sh. Name of judge, Ld. DJ-03 (Shahdara), Karkardooma Courts, Delhi, and therefore this Hon'ble Court has jurisdiction for the purposes of execution of the said order.

D.That the Judgment Debtor has neither complied with the judgment dated Date of decree nor handed over vacant possession of the subject premises till date.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:

A.Direct the Bailiff of this Hon'ble Court to take possession of the tenanted subject premises bearing No. Property number of suit premises, Locality of suit premises, from the Judgment Debtor and to hand over peaceful and vacant possession of the said premises to the Decree Holder;

B.Direct the Bailiff of this Hon'ble Court to remove the belongings of the Judgment Debtor from the subject premises with the assistance of the local police officials;

C.Restrain the Judgment Debtor from creating any third-party rights in respect of the possession or title of the portion under his occupation in the subject premises;

D.Issue warrants of attachment of the movable and immovable properties of the Judgment Debtor to realize the decretal amount;

E.Detain the Judgment Debtor in civil prison in case the Judgment Debtor causes any hindrance to the execution of the order passed by this Hon'ble Court;

F.Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DECREE HOLDER

Through

Place: New Delhi

Dated:

Name of law firm (LAW FIRM)

ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Decree holder's email

VERIFICATION

Verified at New Delhi on this Date of verification of execution petition that the contents of the paragraphs of the accompanying execution petition are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom. The last paragraph is the prayer made before this Hon'ble Court.

DECREE HOLDER

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

AFFIDAVIT

Affidavit of Sh. Deponent's name @ Deponent's alias, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's address, who do hereby solemnly affirm and declare as under:-

1.That I am the Decree Holder in the above-mentioned case and am fully conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.

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 said execution petition may be treated as part and parcel of the present 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 of affidavit that the contents of my above affidavit are true and correct to my knowledge and belief, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

LIST OF HOUSEHOLD ARTICLES

1.T.V., refrigerator

2.Washing machine

3.Air conditioner, computer/laptop

4.Bed, chairs, sofa set

5.Desert cooler

6.All furniture and cupboards

7.Kitchenware, oven, mixer

8.Almirah, inverter

9.Fans

10.Electrical/electronic items

11.Any other article lying in the premises

DECREE HOLDER

Through

Place: New Delhi

Dated:

Name of law firm (LAW FIRM), ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Advocate's email

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1

ANNEXURE-A: Certified copy of the decree/order/judgment dated Date of decree passed by this Hon'ble Court.

List of Household Articles.

Vakalatnama.

DECREE HOLDER

Place: DelhiTHROUGH

Dated:

Name of law firm (LAW FIRM)

ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

MEMO OF PARTIES

SH. Decree holder's name, S/o Decree holder's father's name, R/o Decree holder's address.: DECREE HOLDER

VERSUS

MR. Judgment debtor's name, S/o Judgment debtor's father's name, R/o Judgment debtor's address.: JUDGMENT DEBTOR

DECREE HOLDER

Through

Place: New Delhi

Dated:

Name of law firm (LAW FIRM)

ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:

SH. Decree holder's name, S/o Decree holder's father's name, R/o Decree holder's address.: DECREE HOLDER

VERSUS

MR. Judgment debtor's name, S/o Judgment debtor's father's name, R/o Judgment debtor's address.: JUDGMENT DEBTOR

Note: placeholder corrected below.

The Decree Holder prays for execution of the order/judgment, the particulars whereof are stated in the columns hereunder:

No. of the suit.

C.S. (Comm.) No. Commercial suit number/2022.

ii.

Name of the parties.

iii.

Date of the judgment/decree/order whereof execution is sought.

Judgment dated Date of decree passed by this Hon'ble Court in the above-mentioned case. A certified copy of the judgment dated Date of decree is annexed to this petition as Annexure-A.

iv.

Whether any appeal has been preferred from the judgment.

No. The Decree Holder has not received any notice of any appeal filed by the Judgment Debtor against the aforesaid judgment.

Whether any payment has been made between the parties subsequent to the judgment.

No.

vi.

Whether any previous application has been made for execution of the judgment.

No.

vii.

Whether the order/judgment/decree granted any costs and interest.

Yes. This Hon'ble Court awarded costs of the suit of Amount of costs awarded.

viii.

Amount of the suit claim along with interest as per the order/judgment, or any other relief granted by the judgment.

ix.

Amount of costs, if allowed by the Court.

Yes.

The name of the entity against whom execution of the decree is sought.

Against the Judgment Debtor.

xi.

The mode in which the assistance of the Court is required.

As mentioned hereunder.

xii.

Whether a certified copy of the decree is provided.

Yes.

1.The Decree Holder respectfully submits as under:

*"a)The Defendant is directed to hand over vacant and peaceful possession of the tenanted suit property bearing No. Property number of suit premises, Locality of suit premises, to the Plaintiff.*

*b)The Defendant is directed to pay to the Plaintiff arrears of rent of Amount of rent arrears along with 9% interest onwards pendent lite till realization.*

B.That there is no stay order from any superior court against the execution of the order/judgment dated Date of decree passed by this Hon'ble Court.

D.That the Judgment Debtor has neither complied with the judgment dated Date of decree nor handed over vacant possession of the subject premises till date.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:

B.Direct the Bailiff of this Hon'ble Court to remove the belongings of the Judgment Debtor from the subject premises with the assistance of the local police officials;

C.Restrain the Judgment Debtor from creating any third-party rights in respect of the possession or title of the portion under his occupation in the subject premises;

D.Issue warrants of attachment of the movable and immovable properties of the Judgment Debtor to realize the decretal amount;

E.Detain the Judgment Debtor in civil prison in case the Judgment Debtor causes any hindrance to the execution of the order passed by this Hon'ble Court;

F.Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DECREE HOLDER

Through

Place: New Delhi

Dated:

Name of law firm (LAW FIRM)

ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Decree holder's email

VERIFICATION

DECREE HOLDER

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

AFFIDAVIT

Affidavit of Sh. Deponent's name @ Deponent's alias, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's address, who do hereby solemnly affirm and declare as under:-

1.That I am the Decree Holder in the above-mentioned case and am fully conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.

3.That there is no stay order from any superior court against the execution of the decree.

DEPONENT

VERIFICATION

DEPONENT

IN THE COURT OF SH. Name of judge, LD. DISTRICT JUDGE, (COMM.)-03, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. Commercial suit number OF 2022

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

LIST OF HOUSEHOLD ARTICLES

1.T.V., refrigerator

2.Washing machine

3.Air conditioner, computer/laptop

4.Bed, chairs, sofa set

5.Desert cooler

6.All furniture and cupboards

7.Kitchenware, oven, mixer

8.Almirah, inverter

9.Fans

10.Electrical/electronic items

11.Any other article lying in the premises

DECREE HOLDER

Through

Place: New Delhi

Dated:

Name of law firm (LAW FIRM), ADVOCATES

Advocate's name

Mob. No. Advocate's mobile number

Email: Advocate's email

1 / 1

All templates

IN THE COURT OF THE LD. DISTRICT JUDGE (COMMERCIAL COURT), DIST. District name, Court complex name COURTS, DELHI.

C.S. (COMM) NO. Commercial suit number OF 20Last digit of year of suit

IN THE MATTER OF:

Plaintiff company name PVT. LTD.: PLAINTIFF

VERSUS

MR. Defendant's name

Proprietor of M/s. Defendant's firm name Trading Company: DEFENDANT

(P.S. Police station number)

AFFIDAVIT UNDER ORDER XI RULE 6(3) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, Deponent's name, Authorised Representative of M/s. Company name of deponent's employer Pvt. Ltd., having its office at Company office address, do hereby solemnly affirm and declare as under:

1.That I am the Authorised Representative of the Plaintiff Company in the above-noted suit and am fully conversant with the facts and circumstances of the case. I am, therefore, competent to swear this affidavit.

Civil applications

Affidavit under Order XI Rule 6(3) Commercial Courts Act read with Section 65B Evidence Act for electronic records

IN THE COURT OF SH. Judge's name

Date of hearingLD. ADJ, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.

P.C. NO. P.C. number OF 20Year of P.C. number

IN THE MATTER OF :-

Petitioner's name (part 1) Petitioner's name (part 2): PETITIONER

VERSUS

THE STATE (NCT OF DELHI) & ORS.: RESPONDENTS

N.D.O.H.: Next date of hearing

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO. 2 FOR SUMMONING THE WITNESSES AS PER THE LIST OF WITNESSES FILED ON RECORD ON Date of filing the list of witnesses, SO AS TO BRING ON RECORD THE JUDICIAL FILES OF THE CASES REFERRED TO IN THE PRESENT MATTER.

MOST RESPECTFULLY SHOWETH:

1.That the present probate petition is pending before this Hon'ble Court and is now fixed for Next date of hearing for defense evidence.

2.That on Date of filing the list of witnesses, the Applicant / Respondents No. 2 and 3 filed the list of witnesses in support of their defense in the present case, which was taken on record by this Hon'ble Court vide order dated Date of order taking the list of witnesses on record.

Civil applications

Application by respondent for summoning witnesses with judicial records in probate petition

BEFORE THE HON’BLE Designation of judge JUDGE, Court number COURT, Court location

Applicant's name: APPLICANT

APPLICATION ON BEHALF OF THE APPLICANT, NAMELY Mrs. Applicant's name, SEEKING EXEMPTION FROM PERSONAL APPEARANCE.

Mrs. Applicant's name, aged about Applicant's age years, daughter of Applicant's father's name, wife of Applicant's husband's name, resident of Applicant's address – Applicant's PIN code …Applicant

Versus

First respondent's name and Dr. Second respondent's name …Respondents

Filed onDate of filing

Case No.Case number

It is most respectfully submitted to this Hon’ble Court as under:-

1.That the Applicant is the Petitioner No. 1 in the above-mentioned case.

2.That the Applicant is unable to appear before this Hon’ble Court on account of urgent official work. On this account, the Applicant will not be able to appear before this Hon’ble Court today. The Applicant has conveyed the same to her counsel over telephone and has instructed him to move the present application seeking exemption from personal appearance.

Civil applications