Shri Dinesh Tayal vs Dra Food Pvt Ltd
2015 Latest Caselaw 19 Del

24 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+     EX.P. 173/2012
      SHRI DINESH TAYAL                       ..... Decree Holder
                     Through : None.

                     versus
      DRA FOOD PVT LTD                        ..... Judgement Debtor
                     Through : None.
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 05.01.2015

1. Vide order dated 29.1.2014, counsel for the decree holder was

directed to place on record the documents to establish that the

immovable properties mentioned in Annexure-A enclosed with the

Execution Petition, belong to the judgment debtor, before any

warrants of attachment could be ordered to be issued. At the request

of the counsel for the decree holder, who sought time to make

compliance, the matter was adjourned to 14.7.2014. However,

compliances of the aforesaid order were not made.

2. On 14.7.2014, another opportunity was granted to the decree

holder to make compliance of the order dated 29.1.2014, but the

position remains the same for the past one year.

3. The present petition was passed over on the first call as none

was present on behalf of the decree holder. Same is the position on

the second call.

4. It appears that the decree holder is not interested in prosecuting

the Execution Petition, which is accordingly dismissed in default and

for non-prosecution.

HIMA KOHLI, J JANUARY 05, 2015 sk