REJOINDER ON BEHALF OF THE CLAIMANT TO THE STATEMENT OF DEFENCE FILED BY THE RESPONDENT

In the matter of:

XXXXX …….Decree Holder

XXXXX …….Judgment Debtor

INDEX

DECREE HOLDER

DELHI

DATED THROUGH

      COUNSEL

      ( XXXXX & ASSOCIATES)

      OFFICE NO. - XXXXXX

      MOB – XXXXX

IN THE HON’BLE COURT OF, LD. ADJ,

TIS HAZARI COURTS, DELHI

EXECUTION NO. _______

In the matter of:

XXXXX …….Decree Holder

XXXXX …….Judgment Debtor

XXXXX

XXXXXXX …..DECREE HOLDER

XXXXX

XXXX

1. XXXXX

PROP. OF XXXXX …..JUDGMENT DEBTOR

DECREE HOLDER

DELHI

DATED THROUGH

      COUNSEL

      (XXXXX & ASSOCIATES)

IN THE HON’BLE COURT OF, LD. ADJ,

TIS HAZARI COURTS, DELHI

EXECUTION NO. _____

In the matter of:

XXXXX …….Decree Holder

XXXXX …….Judgment Debtor

EXECUTION PETITION ON BEHALF OF DECREE HOLDER FOR THE EXECUTION OF THE DECREE/ ORDER DATED XXXX PASSED TOWARDS THE SUIT OF RECOVERY PASSED BY THIS HON’BLE COURT THE PARTICULARS WHERE OF ARE STATED IN THE COLUMN HEREUNDER:-

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

1. Warrant of attachment for attaching the movable and immovable properties of Judgment Debtor for satisfaction of the decretal amount of Rs. XXXX/- along with interest @ XX% per annum from XXXX i.e the date of the institution of the suit till its realization is issued against the Judgment debtors.

2. Issue the arrest warrant against the Judgment debtor in case of failure of the Judgment debtor to comply with the said order of this Hon’ble Court.

3. Any other relief which this Hon’ble Court may deem fit and proper under the circumstances in favour of Decree Holder and against the Judgment Debtor.

DECREE HOLDER

DELHI

DATED THROUGH

      COUNSEL

      (XXXXX & ASSOCIATES)

      OFFICE NO. – XXXXX

      MOB - XXXXX

The above-named Decree Holder does hereby verify that the contents of the application are true to the best of his knowledge and belief.

Verified at Delhi on this….. day of XXXXX

      DECREE HOLDER

IN THE HON’BLE COURT OF, LD. ADJ,

TIS HAZARI COURTS, DELHI

EXECUTION NO.­­____

In the matter of:

XXXXX …….Decree Holder

XXXXX …….Judgment Debtor

I, Abbas Khan Prop. of J.K. Book Binding House 2818,Galigadaiya, Kuch Chelan, Darya Ganj, Delhi, do hereby solemnly affirm and declare as under:-

1. That I am Decree Holder in the present execution petition and I am very well conversant with the facts and circumstances of the case and competent to sear the present affidavit.

2. That the accompanying Execution Petition has been drafted by my counsel under my instructions and the contents of the same have been read over to me in vernacular language and understood by me, which are true and correct and the contents of the same be read as part and parcel of this affidavit which are not being repeated herein for the sake of brevity.

3. That I have not received any of the amounts towards the recovery as recovery in terms of order dated 19.08.2017 and I have not received any summon/ notice of appeal against the said order dated 19.08.2017 from any Appellate or Revisionist Court till date.

DEPONENT

Verified at Delhi on this …. Day of XXXXX that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom and no part of it is false.

      DEPONENT

IN THE HON’BLE COURT OF , LD. ADJ,

TIS HAZARI COURTS, DELHI

EXECUTION NO. ___

In the matter of:

XXXXX …….Decree Holder

XXXXX …….Judgement Debtor

LIST OF ARCTICLES TO BE ATTACHED

1. Books

2. Chair

3. Tables

4. Furniture /fixtures of J.D.

5. Air Conditioners

6. Computers

7. Printers

8. Any other attachable movable or immovable property belonging to the judgment Debtor.

      DECREE HOLDER

DELHI

DATED THROUGH

      COUNSEL

      (XXXXX &ASSOCATES)

      OFFICE NO. -XXXXX

IN THE HON’BLE COURT OF XXXX, LD. ADJ,

TIS HAZARI COURTS, DELHI

CS NO. XXXXX

IN THE MATTER OF:-

XXXXX

Through its Prop. XXXXX ….Plaintiff

1. M/S XXXX

At XXXXX

1. XXXX

Prop. of XXXXX

At - XXXXX …….Defendants

Date of institution of a present suit : ___________

Date of hearing arguments : ___________

Date of judgment : ___________

EX-PARTE JUDGMENT

      The plaintiff has instituted the present suit seeking recovery of a sum of Rs. XXXX/- against the defendants.

1. A brief fact as set out in the plaint is that defendant no.1 is a Proprietor of the Firm XXXX The plaintiff is the proprietor of the firm XXXX and deals with the work of contract of printing works. Defendants used to get their work done through the plaintiff’s firm and the defendants approached the plaintiff for the work of the printing and the printing work done by the plaintiff for the period from XXXX to XXXX. On completion of the defendant’s work, the plaintiff has raised a bill amounting to Rs. XXXX/- against the defendant but the defendant has paid only the bill amount of Rs. XXXX/- out of the total bill amount through cheques and other ways.

2. It is further averred that despite lapse of time defendants had not made payment against the outstanding bill amount on one pretext or the other. Thereafter, the plaintiff issued a legal notice dated XXXX via Speed Post for the demand of the said due amount. The said legal notice has been duly served on the defendants, but despite 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. XXXX/- along with pendent lite and future interest and also entitled to cost and expenses of the present suit. Hence, the present suit.

3. Despite service of the summons upon the defendant, the defendant did not appear, and accordingly, vide order dated XXXX, the defendant have proceeded ex-parte.

4. In support of his case, the plaintiff examined himself as PW-1 who tendered his evidence by way of affidavit Ex. PW-1/A in his examination-in-chief and relied upon the documents i.e. Registration Certificate of the firm is Ex-PW-1/1. Bills/invoices of Rs. XXXX/- Ex-PW-1/2(colly.). Ledger account Ex PW-1/3 (colly). Legal demand notice Ex- PW-1/4, original postal receipt of the same is Ex PW-1/5 and certificate u/s 65B is Ex PW-1/6. He was not cross-examined. The plaintiff thereafter closed his evidence.

5. Record of the case perused carefully and arguments addressed by Ld. Counsel for plaintiff taken into consideration.

6. Plaintiff proved the bills/ invoices Ex. PW-1/2 (colly.) raised upon the defendants, ledger account Ex. PW-1/3(colly), service of legal notice Ex. PW-1/4 and has also placed on record the certificate u/s 65 B of the Evidence Act. The plaintiff’s pleading an evidence to the effect that the plaintiff did printing work for the defendant and payment is outstanding has gone unchallenged and unrebutted and there is nothing inherently contradictory to disbelieve the pleading and testimony of the plaintiff. Therefore, the plaintiff has successfully proved that he is entitled to a sum of Rs. XXXX/- against the defendant.

7. Since the transaction between the parties is commercial in nature and the plaintiff has been deprived of money which if available to the plaintiff would have benefitted the plaintiff or he would have earned some interest by keeping the same in bank. Therefore, plaintiff is entitled to be compensated by way of grant of interest. Section 34 of CPC provides for grant of interest pendente-lite at any rate not exceeding contractual rate and if there is no contractual rate than not exceeding the rate at which nationalized bank advance loan. Keeping in mind the said provision interest of justice would b served if 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, suit of the plaintiff is allowed and a decree of recovery of sum of Rs. XXXXX is hereby passed in favor of the plaintiff against the defendant, along with the simple interest @ XX% per annum from the said of the institution of the suit till its realization.

     The cost of the suit is also awarded to the plaintiff.

     The Decree Sheet be prepared accordingly.

     File be consigned to the Record Room after necessary compliance.

(XXXXX)

ADJ-13(Central)THC

Delhi/XXXXX