EX.P/31/2020
2021 Latest Caselaw 1807 HP

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Ex. Petition No.31 of 2020 and

OMP No.133 of 2020 in COMS No.35 of 2018

08.03.2021 Present: COMS No.35/2018

Mr. N.K. Bhalla, Advocate, for the non­ applicant/plaintiff in OMP No.133 of 2020.

Mr. Dhananjay Sharma, Mr. Rajesh Kumar

Parmar, Kanwar Yuvraj Singh and Mr. Rajesh Kumar, Advocates, for the applicant/defendant in OMP No.133/2020

Ex. Petition No.31/2020

Mr. N.K. Bhalla, Advocate, for the Decree Holder.

Mr. Dhananjay Sharma, Mr. Rajesh Kumar

Parmar, Kanwar Yuvraj Singh and Mr. Rajesh Kumar, Advocates, for the judgment Debtor.

OMP No.133/2020 in COMS No.35/2018

By way of this application, extension of time to

deposit the amount was sought up to 15 June, 2020, which is

already over. Therefore, this application has become

infructuous and disposed of accordingly.

Ex. Petition No.31/2020

Reply/affidavit on behalf of the judgment debtor has

not been filed. Learned counsel for the judgment debtor have

sought permission to deposit Rs.20,00,000/­ in the Registry of

this Court as a part payment to satisfy the execution petition.

They further submit that payment of Rs.25,00,000/­ made by

judgment debtor in the month of October, 2020 has already

been acknowledged by the decree holder. Learned counsel for

.

Decree holder has expressed his ignorance about any such

payment for want of instructions.

So far as deposit of amount in the Registry is

concerned vide order dated 30th October, 2020, the Registry

was directed to accept any amount deposited by judgment

debtor, however, till date the amount has not been deposited

by judgment debtor. However, judgment debtor is at liberty to

deposit the amount in the Registry but without any prejudice

to the rights of the decree holder accrued in the meanwhile

and also subject to further order passed passed by this Court.

OMP No.296, 297 and 298/2020 in Ex.P No.31/2020

Reply(ies) if any, be filed within two weeks. List for

consideration on the date already fixed in execution petition. .

Learned counsel for the parties are also directed to verify the

claims and counter claims with respect to payment in the

month of October 2020. Learned counsel for the decree holder

for want of instructions controverted in such receipt by the

decree holder, however, he seeks time to verify the same on

the next date of hearing.

List for consideration on 26.03.2021.

(Vivek Singh Thakur) Judge March 08, 2021