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EX.P/31/2020
2021 Latest Caselaw 2475 HP

Citation : 2021 Latest Caselaw 2475 HP
Judgement Date : 26 March, 2021

Himachal Pradesh High Court
EX.P/31/2020 on 26 March, 2021
Bench: Vivek Singh Thakur

Ex. Petition No. 31 of 2020

26.3.2021 Present: Mr.Navneet Kumar Bhalla, Advocate, for the

.

Decree Holder.

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

Judgment Debtor.

Ex. Petition No. 31 of 2020 along with CMP Nos. 296, 297 and 298 of 2020

As per report of the Registry an amount of

`20,00,000/- stands deposited on 24.3.2020 in the Registry.

Learned counsel for the Judgment Debtor has submitted that

he has filed an application for placing on record certain

documents to substantiate plea of the Judgment Debtor with

respect to payment of `25,00,000/- claimed to have been made

in the month of October, 2020 and he further undertakes to

deposit balance decreetal amount on or before 16.4.2021 in

the Registry of this Court.

Learned counsel for the Decree Holder has

consented for granting time to the Judgment Debtor for deposit

of balance amount, subject to rider that as per instructions

received by him, `25,00,000/- were not received by Decree

Holder in October, 2020 and with further submission that in

case of failure of Judgment Debtor to deposit the amount as

undertaken to be deposited on or before 16.4.2021, Judgment

Debtor be directed to execute decree in favour of Decree

Holder on a date fixed by the Court.

Learned counsel for the Judgment Debtor has

agreed for that.

.

In view of above undertakings of respective

counsel for parties, Judgment Debtor is permitted to deposit

the balance decreetal amount as per her claim on or before

16th April, 2021, failing which she shall remain present in the

office of Sub Registrar concerned and shall execute the sale

deed in favour of Decree Holder on 20th April 2021.

r It is clarified that Judgment Debtor may deposit any

amount in the Registry as a part payment before 16.4.2021,

including deposit of `10,00,000/-, for deposit of which learned

counsel for Judgment Debtor has sought permission for

depositing during the course of the day.

Learned Counsel for Judgment Debtor is also

directed to inform learned counsel for Decree Holder with

respect to every deposit made by Judgment Debtor in the

Registry of this Court.

List for consideration on 26th April 2021.

(Vivek Singh Thakur), Judge.

26th March, 2021 (Keshav)

 
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