Delhi High Court
Bimal Saxena vs Kamaljeet Singh on 24 September, 2019
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment : 24th September, 2019
+ EFA(OS) 14/2019
BIMAL SAXENA ..... Appellant
Through Mr. Sibo Sankar Mishra & Mr.
Niranjan Sahoo, Advocates.
versus
KAMALJEET SINGH ..... Respondent
Through Nemo.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
G.S. SISTANI, J. (ORAL)
CM APPL 42918/2019 (exemption)
1. Exemption is allowed subject to just exceptions.
2. Application stands disposed of.
CM APPL 42920/2019 (delay in filing)
3. This application has been filed by the applicant/appellant seeking
condonation of 37 days delay in filing the present appeal.
4. For the reasons stated in the application, delay of 37 days in filing the
present appeal is condoned.
5. The application stands disposed of.
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6. Challenge in this appeal is to the order dated 08.07.2019 passed by a
learned Single Judge of this Court.
7. Some necessary facts required to be noticed for disposal of this appeal
at the admission stage itself are that the appellant had filed an execution
EFA(OS) 14/2019
petition seeking to execute a decree passed by a learned Single Judge of
this Court which decree stands duly modified by order dated 14.02.2012
passed by a Division Bench of this Court. The operative portion of
order dated 14.02.2012 reads as under :
"7. Taking on record the compromise aforesaid the appeal
stands disposed of setting aside the impugned decree dated
December 20, 1996 and the suit filed by the plaintiffs is
decreed passing a decree in sum of Rs.5,00,00,000/-
(Rupees Five crores only) by way of compensation payable
by the defendant (through legal heirs); the sum of
Rs.5,00,00,000/- payable as compensation would be paid in
two installments, being Rs.1,00,00,000/- to be paid within
three months from today and the balance sum of
Rs.4,00,00,000/- to be paid within nine months thereafter
and in case of default, the respective amount payable
towards compensation would be paid together with interest
@9% per annum (simple interest) reckoned from the due
date of payment till paid."
8. During pendency of the execution petition, the decree holder made an
application being E.A. No.61/2018 seeking attachment of the residential
house of the judgment debtor. An objection was raised by the judgment
debtor that the said house cannot be attached under Section 60(1)(ccc)
of the Code of Civil Procedure, 1908. Learned Single Judge had
allowed the objection, which has led to the filing of the present appeal.
9. Mr. Sibo Sankar Mishra, learned counsel appearing for the appellant
submits that initially the decree holder had filed a suit for specific
performance and the subject matter of the suit was a residential house.
He submits that since the subject matter of the initial suit was
immovable property, the proviso of Section 60(1)(ccc) of C.P.C. would
not come to the rescue of the respondent. Counsel has placed reliance
on the judgment dated 08.11.2004 passed by Punjab & Haryana High
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Court in the case of Sikandar Singh Vs. Harjit Pal Singh, reported at
PLR (2005) 139 P&H 591.
10. We have heard learned counsel for the appellant. The aim, objective
and purpose of extracting para 7 of the judgment passed by the Division
Bench of this Court is to show that the Division Bench modified the
decree passed by the learned Single Judge and converted the same into
a money decree for the sum of Rs.5 crores. The Division Bench made it
clear that in case of amount not being paid, interest @ 9% per annum
from the due date till the amount is paid would be attracted. In view of
the above, the judgment in Sikandar Singh (supra) would have no
application.
11. In view of para 7 of the order dated 14.02.2012 passed by the Division
Bench, by which the initial decree was modified, the prayers made in
this appeal cannot be acceded to. We find no infirmity in the order
dated 08.07.2019 passed by the learned Single Judge. The appeal is
accordingly dismissed.
CM APPL 42919/2019 (stay)
12. In view of the order passed in the appeal, this application also stands
dismissed.
G.S. SISTANI, J
ANUP JAIRAM BHAMBHANI, J
SEPTEMBER 24, 2019
ck
EFA(OS) 14/2019
