Shri Ganga Ram Sharma vs Smt. Shashi Jain
2025 Latest Caselaw 4372 Del

Delhi High Court

Shri Ganga Ram Sharma vs Smt. Shashi Jain on 24 April, 2025

                          $~68
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                               Date of Decision: 24th April, 2025
                          +    CM(M) 740/2025 & CM APPL. 24076-24077/2025
                                SHRI GANGA RAM SHARMA                                     .....Petitioner
                                                   Through:     Mr. Dhan Mohan, Ms. Tanu B.
                                                                Mishra, Ms. Tanisha Bhatia, Ms.
                                                                Kawaljeet Kaur, Ms. Nikita Jha and
                                                                Mr. Satyajeet Sharma, Advocates
                                                   versus

                                SMT. SHASHI JAIN                                        .....Respondent
                                                   Through:     None

                                CORAM:
                                HON'BLE MR. JUSTICE MANOJ JAIN
                                             J U D G M E N T (oral)

CM APPL. 24077/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 740/2025 & CM APPL. 24076/2025

1. Petitioner has suffered a decree and the total decretal amount is stated to be Rs. 4,62,000/- as on 15.03.2025. Judgment debtor has, admittedly, made payment of Rs. 2,04,000/-.

2. The balance outstanding amount of Rs. 2,58,000/-.

3. The challenge in the present petition is, merely, with respect to the order dated 08.04.2025 whereby the learned Executing Court has directed issuance of arrest warrants.

4. Learned counsel for petitioner/judgment debtor submits that judgment debtor is ready to make payment of the balance decretal amount.

5. Concerned judgment debtor is also present in person and during course of consideration, he, himself, stated before this Court that he would make balance payment of Rs. 2,58,000/- within two months from today. He also submits that if something extra is also due for the reason that aforesaid calculation was as on 15.03.2025, he would ensure that even such additional amount is also cleared within the aforesaid period of two months. He also submits that first such instalment would be made on or before 20.05.2025.

6. None appears on behalf of the decree holder despite advance notice.

7. In view of the above, the present petition is disposed of with direction to judgment debtor to adhere to his aforesaid statement and clear the outstanding decretal amount within two months from today in two equal instalments.

8. Resultantly, order of warrant of arrest qua judgment debtor is kept in abeyance for a period of two months and the petition stands disposed of in aforesaid terms.

9. Judgment debtor shall appear before the learned Executing Court on date fixed i.e. 25.04.2025.

10. A copy of this order be given dasti under the signatures of the Court Master.

(MANOJ JAIN) JUDGE APRIL 24, 2025/dr/shs