In the matter of:
Decree holder's nameDecree holder's address … Decree Holder
Versus
Judgment debtor's nameJudgment debtor's address … Judgment Debtor
INDEX
| S. NO | PARTICULARS | PAGE NO. | COURT FEE |
|---|
| 1 | MEMO OF PARTIES | | |
| 2 | EXECUTION PETITION ALONG WITH AFFIDAVIT ON BEHALF OF THE DECREE HOLDER | | |
| 3 | LIST OF ARTICLES FOR ATTACHMENT | | |
| 4 | TRUE TYPED COPY OF ORDER DATED Date of decree | | |
DECREE HOLDER
DELHI
DATEDTHROUGH
COUNSEL
(Counsel's firm name & ASSOCIATES)
OFFICE NO. – Counsel's office number
MOB – Counsel's mobile number
IN THE HON'BLE COURT OF THE LD. ADJ,
TIS HAZARI COURTS, DELHI
EXECUTION NO. Execution case number
In the matter of:
Decree holder's nameDecree holder's address … Decree Holder
Versus
Judgment debtor's nameJudgment debtor's address … Judgment Debtor
MEMO OF PARTIES
Decree holder's address
Decree holder's name… DECREE HOLDER
VERSUS
Judgment debtor's firm name
Judgment debtor's address
1.Proprietor's name
PROP. OF Judgment debtor's firm name… JUDGMENT DEBTOR
DECREE HOLDER
DELHI
DATEDTHROUGH
COUNSEL
(Counsel's firm name & ASSOCIATES)
IN THE HON'BLE COURT OF THE LD. ADJ,
TIS HAZARI COURTS, DELHI
EXECUTION NO. Execution case number
In the matter of:
Decree holder's nameDecree holder's address … Decree Holder
Versus
Judgment debtor's nameJudgment debtor's address … Judgment Debtor
EXECUTION PETITION ON BEHALF OF THE DECREE HOLDER FOR THE EXECUTION OF THE DECREE/ORDER DATED {{date_of_decREE}} PASSED IN THE SUIT FOR RECOVERY BY THIS HON'BLE COURT, THE PARTICULARS WHEREOF ARE STATED IN THE COLUMNS HEREUNDER:-
| 1 | SUIT NO./CASE NO. | Suit or case number |
| 2 | Name of parties | As per title and memo of parties |
| 3 | Date of decree/order for which execution is sought | Order dated Date of decree passed by this Hon'ble Court. |
| 4 | Whether an appeal was filed against the decree/order under execution | No summons/notice of any appeal has been received till date. |
| 5 | Whether any payment has been received towards satisfaction of the decree/order | Till date, the Judgment Debtor has not paid any amount to the Decree Holder. |
| 6 | Whether any application/petition was made prior to this petition and, if so, its date and result | No. |
| 7 | Amount of the suit along with interest as per the decree, or any other relief granted by the decree | The present execution petition is being filed in respect of the suit for recovery of Rs. Decretal amount (₹)/- along with simple interest @ Interest rate per annum (%) % per annum from Date of institution of suit, i.e. the date of institution of the suit, till realisation. Out of the said amount, the Judgment Debtor has not paid anything to the Decree Holder. |
| 8 | Amount of costs, if allowed by the Court | Court fee for plaint – Court fee for plaint (₹)/-; court fee for power – Court fee for power (₹)/-; service of process – Process service fee (₹)/- |
| 9 | Against whom the execution is sought | Against the Judgment Debtor. |
| 10 | In what manner the assistance of the Court is sought | By issuance of warrants of attachment against the movable properties of the Judgment Debtor, as well as a warrant of arrest against the Judgment Debtor. |
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
1)Issue a warrant of attachment for attaching the movable and immovable properties of the Judgment Debtor for the satisfaction of the decretal amount of Rs. Decretal amount (₹)/- along with interest @ Interest rate per annum (%) % per annum from Date of institution of suit, i.e. the date of institution of the suit, till realisation.
2)Issue a warrant of arrest against the Judgment Debtor in the event of the Judgment Debtor's failure to comply with the said order of this Hon'ble Court.
3)Pass any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case, in favour of the Decree Holder and against the Judgment Debtor.
DECREE HOLDER
DELHI
DATEDTHROUGH
COUNSEL
(Counsel's firm name & ASSOCIATES)
OFFICE NO. – Counsel's office number
MOB – Counsel's mobile number
VERIFICATION:-
The above-named Decree Holder hereby verifies that the contents of the application are true to the best of his knowledge and belief.
Verified at Delhi on this … day of Month and year of verification.
DECREE HOLDER
IN THE HON'BLE COURT OF THE LD. ADJ,
TIS HAZARI COURTS, DELHI
EXECUTION NO. Execution case number
In the matter of:
Decree holder's nameDecree holder's address … Decree Holder
Versus
Judgment debtor's nameJudgment debtor's address … Judgment Debtor
AFFIDAVIT
I, Decree holder's name, Prop. of Decree holder's firm name, Decree holder's address, do hereby solemnly affirm and declare as under:-
1.That I am the Decree Holder in the present execution petition; I am fully conversant with the facts and circumstances of the case and competent to swear the present affidavit.
2.That the accompanying execution petition has been drafted by my counsel under my instructions; the contents thereof have been read over to me in vernacular and understood by me, and they are true and correct. The contents of the execution petition may be read as part and parcel of this affidavit and are not repeated herein for the sake of brevity.
3.That I have not received any amount towards recovery in terms of the order dated Date of decree, and I have not received any summons/notice of appeal against the said order dated Date of decree from any appellate or revisional court till date.
DEPONENT
VERIFICATION:-
Verified at Delhi on this … day of Month and year of verification that the contents of the above affidavit are true and correct to the best of my knowledge and belief, nothing material has been concealed therefrom, and no part of it is false.
DEPONENT
IN THE HON'BLE COURT OF THE LD. ADJ,
TIS HAZARI COURTS, DELHI
EXECUTION NO. Execution case number
In the matter of:
Decree holder's nameDecree holder's address … Decree Holder
Versus
Judgment debtor's nameJudgment debtor's address … Judgment Debtor
LIST OF ARTICLES TO BE ATTACHED
1.Books
2.Chairs
3.Tables
4.Furniture and fixtures of the Judgment Debtor
5.Air conditioners
6.Computers
7.Printers
8.Any other attachable movable or immovable property belonging to the Judgment Debtor.
DECREE HOLDER
DELHI
DATEDTHROUGH
COUNSEL
(Counsel's firm name & ASSOCIATES)
OFFICE NO. – Counsel's office number
IN THE HON'BLE COURT OF Presiding judge's name, LD. ADJ,
TIS HAZARI COURTS, DELHI
CS NO. Civil suit number
IN THE MATTER OF:-
Plaintiff's firm name
Through its Prop. Proprietor's name… Plaintiff
Versus
1.M/s Defendant 1's firm name
At Defendant 1's address
2.Defendant 2's name
Prop. of Defendant 2's firm name
At – Defendant 2's addressDefendant 2's name … Defendants
Date of institution of the present suitDate of institution of suit
Date of hearing of argumentsDate of hearing of arguments
Date of judgmentDate of judgment
Suit for Recovery of Rs. Suit amount (₹)
EX-PARTE JUDGMENT
The plaintiff has instituted the present suit seeking recovery of a sum of Rs. Suit amount (₹)/- against the defendants.
1)Briefly, as set out in the plaint, defendant no. 1 is the proprietor of the firm Defendant 1's firm name. The plaintiff is the proprietor of the firm Plaintiff's firm name and carries on the business of contract printing work. The defendants used to get their work done through the plaintiff's firm and approached the plaintiff for printing work; the printing work was carried out by the plaintiff for the period from Start of work period to End of work period. On completion of the defendants' work, the plaintiff raised a bill amounting to Rs. Total bill amount (₹)/- against the defendants, but the defendants have paid only a sum of Rs. Amount already paid (₹)/- out of the total bill amount, through cheques and otherwise.
2.It is further averred that despite the lapse of time, the defendants failed to make payment of the outstanding bill amount on one pretext or the other. Thereafter, the plaintiff issued a legal notice dated Date of legal notice by Speed Post demanding payment of the said due amount. The said legal notice was duly served upon the defendants; however, despite service of the notice, the defendants failed to pay the outstanding amount to the plaintiff. As per the plaintiff, he is entitled to the outstanding bill amount of Rs. Outstanding amount (₹)/- together with pendente lite and future interest, and is also entitled to the costs and expenses of the present suit. Hence, the present suit.
3.Despite service of summons upon the defendant, the defendant did not appear, and accordingly, vide order dated Date of ex-parte order, the defendant was proceeded against ex-parte.
4.In support of his case, the plaintiff examined himself as PW-1 and tendered his evidence by way of affidavit Ex. PW-1/A in his examination-in-chief, and relied upon the following documents: Registration Certificate of the firm, Ex. PW-1/1; bills/invoices of Rs. Bills and invoices amount (₹)/-, Ex. PW-1/2 (colly.); ledger account, Ex. PW-1/3 (colly.); legal demand notice, Ex. PW-1/4; original postal receipt of the said notice, Ex. PW-1/5; and certificate under Section 65B, Ex. PW-1/6. The plaintiff was not cross-examined. Thereafter, the plaintiff closed his evidence.
5.The record of the case was perused carefully and the arguments addressed by the learned counsel for the plaintiff were taken into consideration.
6.The plaintiff proved the bills/invoices, Ex. PW-1/2 (colly.), raised upon the defendants, the ledger account, Ex. PW-1/3 (colly.), and the service of legal notice, Ex. PW-1/4, and has also placed on record the certificate under Section 65B of the Evidence Act. The plaintiff's pleadings and evidence to the effect that the plaintiff undertook printing work for the defendant and that payment thereof remains outstanding have gone unchallenged and unrebutted, and there is nothing inherently contradictory so as to disbelieve the pleadings and testimony of the plaintiff. Therefore, the plaintiff has successfully proved that he is entitled to a sum of Rs. Decretal amount (₹)/- against the defendant.
7.Since the transaction between the parties is commercial in nature and the plaintiff has been deprived of money which, had it been available to the plaintiff, would have benefitted him or would have earned some interest had it been kept in a bank, the plaintiff is entitled to be compensated by way of grant of interest. Section 34 of CPC provides for the grant of interest pendente lite at any rate not exceeding the contractual rate, and where there is no contractual rate, not exceeding the rate at which nationalised banks advance loans. Keeping in mind the said provision, the interest of justice would be served if the plaintiff is granted simple interest @ 6% per annum from the date of institution of the suit till its realization.
Relief
In view of the above discussion, the suit of the plaintiff is allowed, and a decree for recovery of a sum of Rs. Decretal amount (₹)/- is hereby passed in favour of the plaintiff and against the defendant, along with simple interest @ Interest rate per annum (%)% per annum from the date of institution of the suit till its realization.
The costs of the suit are also awarded in favour of the plaintiff.
The decree sheet be prepared accordingly.
The file be consigned to the Record Room after necessary compliance.
(Presiding judge's name)
ADJ-13(Central)THC
Delhi/Date of judgment