Delhi High Court
Spp Food Products Pvt Ltd vs India Overseas Co on 29 May, 2023
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.05.2023
+ CM(M) 918/2023
SPP FOOD PRODUCTS PVT LTD ..... Petitioner
versus
INDIA OVERSEAS CO. .... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Bharat Arora, Advocate
For the Respondent : None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. This is a petition filed by the petitioner/decree holder challenging
the order dated 09.12.2022 passed in Ex.No. 166/2022 titled "M/s. SPP
Food vs. M/s. India Overseas."
2. Mr. Bharat Arora, learned counsel submits that the
petitioner/decree holder has been unable to trace out the residential
address of the respondent/judgment debtor and has been trying from the
last seven years to execute the decree, which was passed in the year
2015 by the learned Trial Court.
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
18:29:09
3. Exasperated, the petitioner/decree holder had filed an application
before the learned Trial Court seeking directions to the bank of
respondent/judgment debtor to produce the KYC and other relevant
documents of the respondent/judgment debtor so as to be able to trace
out the address or any additional information in regard to the
whereabouts of the respondent/judgment debtor.
4. Learned counsel also submits that the dismissal of such
application is contrary to the general law that the decree ought to be
executed and reached its logical conclusion.
5. Learned counsel also submits that the direction as sought for in
the application noted by the learned Trial Court is incorrect and wrong
for the reason that even at the time of attachment of the bank account,
the decree holder is not under an obligation in law to make any such
banker, a party to such execution proceedings.
6. This Court has considered the submissions made by learned
counsel as also perused the impugned order.
7. The process of the Court cannot be utilized for the purposes of
gathering information as to the whereabouts or the other information in
respect of the respondent/judgment debtor. It is the primary obligation
of the petitioner/decree holder itself to obtain such information from
wherever it is possible.
8. This Court does not find any perversity or illegality or judicial
impropriety displayed by the learned Trial Court by passing the
impugned order.
9. Accordingly, the petition is dismissed with no order as to costs.
10. The aforesaid observations made in the present order is only to
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
18:29:09
the extent of challenge made in the order dated 09.12.2022 and shall not
bind the petitioner/decree holder from taking the other appropriate steps
to execute the decree.
TUSHAR RAO GEDELA, J.
MAY 29, 2023
Aj
Signature Not Verified
Digitally Signed
Signing Date:02.06.2023
18:29:09
