Parth Credit And Capital Market Pvt. Ltd vs Ideal Electronics Pvt. Ltd. Through ...
2023 Latest Caselaw 20645 MP

Madhya Pradesh High Court

Parth Credit And Capital Market Pvt. Ltd vs Ideal Electronics Pvt. Ltd. Through ... on 6 December, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 6 th OF DECEMBER, 2023
                                             MISC. PETITION No. 6493 of 2023

                          BETWEEN:-
                          1.    PARTH CREDIT AND CAPITAL MARKET PVT. LTD
                                (MADHYA PRADESH)

                          2.    SANJIV LUNKAD S/O SHREE VIJAY KUMAR
                                LUNKAD, AGED ABOUT 53 YEARS, OCCUPATION:
                                BUSINESS 13 RACE COURSE ROAD INDORE
                                (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI PUSHPRAJ SINGH RATHORE, ADVOCATE)

                          AND
                          IDEAL ELECTRONICS PVT. LTD. THROUGH DIRECTOR
                          PAWANKUMAR CHOPRA S/O LATE SHRI VIDHYASAGAR
                          CHOPRA, AGED ABOUT 80 YEARS, REG. KARYALAY C 1
                          UDHYOG SADAN 3 MAROL INDUSTRIAL AREA
                          ANDHERI EAST MUMBAI 400093 MAHARASTRA AND
                          ADD. 24/1 RACE CROSS ROAD INDORE (MADHYA
                          PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI ABHAY CHAND JAIN, ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                            ORDER

The petitioners have filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dated 20.02.2023 and 24.07.2023 passed by the IV Additional District Judge, in Execution Case No.35/2022.

02. A decree dated 20.07.2021 was passed between the petitioner and

respondent by virtue of compromise / settlement and as per the settlement, the petitioner agreed to give Rs.5,00,000/- by way of installment. When the aforesaid amount was not paid within 7 - 8 months, the respondent initiated the execution proceedings.

03. The respondent also filed a civil suit for specific performance of contract and permanent injunction against the petitioner in respect of the land, in total seven survey numbers.

04. The petitioner filed an application under Order XXI Rule 2 of the Code of Civil Procedure, 1908 seeking dismissal of the execution proceeding by submitting that within one year he has deposited the amount in the Court.

05. The respondent filed a reply and declined to accept the cheque. Vide order dated 20.02.2023, the learned Court came to the conclusion that a per the judgment and decree dated 20.07.2023, the amount of Rs.5,32,38,000/- was liable to be returned in three equal installment, hence, rejected the application. Thereafter, the petitioner filed various applications including an application under Order XLVII Rule 1 of the CPC and vide order dated 24.07.2023, all the applications have been rejected and case was fixed for 25.08.2023.

06. The dispute between the parties was settled by way of mediation. The petitioner agreed to return the amount of Rs.5,32,38,000/- by way of three installments of 4 - 4 months. It has also been agreed that delay and in failure to return the amount within one year, the plaintiff shall be entitled to get the sale deed registered in respect of aforesaid suit land.

07. The validity of the order dated 24.07.2023 has already been upheld by this Court vide order dated 31.07.2023 passed in M.P. No.4318 of 2023, therefore, the petitioner is unnecessarily avoiding and delaying the execution

proceeding by way of filing repeated petitions. No case for interference is made out in the matter.

08. In view of the above, Miscellaneous Petition stands dismissed with a cost of Rs.5,000/- payable to the respondent.

(VIVEK RUSIA) JUDGE Ravi