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2025 DAILYLAW 17416 (DEL)

TOMMORROWLAND LIMITED v. V. JETHALAL RAMJI & ORS.

EX.P./48/2022 · 2025-03-17

Manmeet Pritam Singh Arora

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 48/2022 & EX.APPL.(OS) 3151/2022 EX.APPL.(OS) 1214/2023 EX.APPL.(OS) 1418/2023 EX.APPL.(OS) 1678/2024 EX.APPL.(OS) 1940/2024 TOMMORROWLAND LIMITED .....Decree Holder Through: Mr. Pavan Sachdeva, Mr. Ishan Sachdeva and Mr. K.K.R. Dass, Advocates. versus V. JETHALAL RAMJI & ORS. .....Judgement Debtors Through: Mr. Anurag Pratap, Adv. CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 17.03.2025 EX.APPL.(OS) 1940/2024(under section 151 of Code of Civil Procedure for direction) 1. The present application has been filed seeking following directions: “a. direct to the Judgment Debtor's Bank, Bank of India, Stock Exchange, Dalal Street, Mumbai-400023 Having Zonal Office At H-2, 3rd Floor, Star House, Middle Circular Road, Connaught Place, New Delhi-110001 to remit the amount of Rs. 403,041.84 to the bank of decree holder "Tommorrowland Limited", Canara Bank, bank account no. 0307201055977, IFSC Code no. CNRB0000307; b. On receipt of amount of Rs. 403,041.84 will satisfied the decree fully without prejudice the FAO(OS) No. 46/2022 of the decree holder;” 2. Learned counsel for the Judgment Debtors sought a pass-over to take instructions from the Judgment Debtors, since no formal reply has been filed to this application despite opportunity sought vide order dated 09.01.2025. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/03/2025 at 12:37:02 3. Upon the 2nd call, he states that Judgment Debtors has requested that the matter be referred to mediation as Decree Holder herein has also challenged the order dated 27.04.2022 passed in these proceedings before Division Bench in FAO(OS) 46/2022 and therefor, the Judgment Debtors would like to have an amicable settlement of the claim raised in the said appeal as well. 4. In reply, learned counsel for the Decree Holder states that the Bank of India account, which was attached vide order dated 21.10.2024 to the extent of amount of Rs. 4,01,107.64/- i.e. decretal amount, which is prayed for in the captioned application, is not a subject matter of FAO(OS) 46/2022. 5. He states that the said amount is due and payable to the Decree Holder and therefore, the prayer sought in the application seeking release of the said amount to Decree Holder must be allowed. He states there cannot be any settlement qua this admitted decretal amount. 6. He states that the Decree Holder remains ready and willing to have a reference to mediation to the extent of the claim raised in FAO(OS) 46/2022 and in this regard if a prayer is made by the Judgment Debtor before the Appellate Court, the Decree Holder will concede to it. 7. He, however, prays that the present application is distinct and separate from the dispute pending before Appellate Court and therefore, should be allowed without further delay. 8. This Court has considered the submission of the parties. 9. In view of the admitted position that the amount of Rs. 4,01,107.64/- is due and outstanding to the Decree Holder, herein the application is allowed and Bank of India is directed to remit the amount of Rs. 4,01,107.64/- to the Decree Holder in its bank account no. 0307201055977, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/03/2025 at 12:37:02 maintained with Canara Bank having IFSC Code no. CNRB0000307. 10. Upon remittance of the aforesaid amount the attachment shall cease and Bank of India shall permit the Judgment Debtor to use and operate its account. 11. With the aforesaid directions, the present application stands allowed and the decree as well stands satisfied. 12. List for compliance by Bank of India on 30.05.2025 in Supplementary list. EX.P. 48/2022 13. Learned counsel for the Decree Holder submits that on receipt of Rs. 4,01,107.64. the decree shall stand satisfied other than the claims pending adjudication in FAO(OS) 46/2022. 14. This Court has no reason to believe that Bank of India will not comply with the directions issued today for remittance of the amount. 15. Accordingly, the present execution petition is disposed of. 16. It is clarified that the disposal of this petition will remain subject to any further orders passed by the Division Bench in FAO(OS) 46/2022. MANMEET PRITAM SINGH ARORA, J MARCH 17, 2025/hp/AKP Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/03/2025 at 12:37:02