Execution Petition SH. Deepak Uniyal
Execution Petition SH. Deepak Uniyal
INDEX
PARTICULARS
S. NO PAGE No.
Memo of Parties
1.
2. APPLICATION FOR EXECUTION ON BEHALF
OF DECREE HOLDER UNDER ORDER XXI
RULE 10 OF CODE OF CIVIL PROCEDURE,
1908, OF DECREE/ORDER DATED
2.02.2024 ALONG WITH AFFIDAVIT
3. APPLICATION UNDER ORDER XXI RULE 12
OF CODE OF CIVIL PROCEDURE, 1908 FOR
THE ATTACHMENT OF THE BANK ACCOUNT
OF JUDGEMENT DEBTOR
4. AN APPLICATION ON BEHALF OF THE
DECREE-HOLDER UNDER ORDER XXI RULE
41 READ WITH SECTION 151 OF CODE OF
CIVIL PROCEDURE,1908.
5. COPY OF DECREE/JUDGEMENT DATED
02.02.2024.
4. VAKALATNAMA
DECREE HOLDER
THROUGH
IN THE MATTER OF :
M/s. Goodskill Securities & Services Limited
Through its authorized representative:
Ms. Saumyja Srivastava, ...Decree Holder
Versus
Sh. Deepak Uniyal …Judgement Debtor
MEMO OF PARTIES
M/s. Goodskill Securities & Services Limited
Through its authorized representative:
Ms. Saumyja Srivastava,
Regd. OfficeB51, Top Floor,
New Krishna Park, Vikaspuri, Delhi110018. ...Decree
Holder
Versus
DECREE HOLDER
THROUGH
KARTIK AGGARWAL ASSOCIATES
ADVOCATES & SOLICITERS
PLACE: CH. No. 202, LAWYERS
DATE: CHAMBERS BLOCK, ROHINI COURTS,
DELHI-110085
(M): 9999262652, 7982149806
(E): [email protected]
THE COURT OF SH. ANKIT MITTAL CIVIL JUDGE, SOUTH WEST DISTRICT,
DWARKA COURT, NEW DELHI
EXECUTION PETITION NO. - OF 2024
IN THE MATTER OF :
M/s. Goodskill Securities & Services Limited
Through its authorized representative:
Ms. Saumyja Srivastava, ...Decree Holder
Versus
Sh. Deepak Uniyal ...Judgement Debtor
The Decree Holder prays for the Execution of the Decree/order for the
particulars whereof are stated in the column hereunder:
DECREE HOLDER
THROUGH
KARTIK AGGARWAL ASSOCIATES
ADVOCATES & SOLICITERS
PLACE: CH. No. 202, LAWYERS
DATE: CHAMBERS BLOCK, ROHINI COURTS,
DELHI-110085
(M): 9999262652, 7982149806
(E): [email protected]
ANNEXURE-A
LIST OF PROPERTIES
1. Refrigerator
2. Fan
3. Cooler
4. Air Conditioner
5. Laptop
7. Television
8. Vehicle
9. Utensils
Account with HSBC Bank having account number 011015666006, IFCS Code-
HSBCC0400004
DECREE HOLDER
THROUGH
KARTIK AGGARWAL ASSOCIATES
ADVOCATES & SOLICITERS
PLACE: CH. No. 202, LAWYERS
DATE: CHAMBERS BLOCK, ROHINI COURTS,
DELHI-110085
(M): 9999262652, 7982149806
(E): [email protected]
THE COURT OF SH. ANKIT MITTAL CIVIL JUDGE, SOUTH WEST DISTRICT,
DWARKA COURT, NEW DELHI
EXECUTION PETITION NO. - OF 2024
In
CASE NO.-1398 of 2023
IN THE MATTER OF :
M/s. Goodskill Securities & Services Limited
Through its authorized representative:
Ms. Saumyja Srivastava, ...Decree Holder
Versus
Sh. Deepak Uniyal …Judgement Debtor
2. That the Decree Holder is having the Bank account details of the
Judgement Debtor No.1 which was provided by him at the time of taking
Loan Facility with the Decree Holder.
4. That the Decree Holder prays for the attachment of the above-mentioned
Bank Account.
5. That the balance of convenience lies in the favour of Decree Holder and
against the Judgement Debtors.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be
pleased:
a) To attach the Bank Account of the judgement Debtor
b) To direct the bank manager to deposit the amount in satisfaction of the
Decree, lying in the Saving Bank Account of the Judgement Debtor
within this Hon’ble Court in the interest of justice.
c) Pass such order/s as this Hon’ble Court deem fit and proper in the
favour of the Decree Holder and again the Judgement Debtor in the
interest of the justice.
DECREE HOLDER
THROUGH
3. That the loan amount was disbursed after completing verification and due
diligence of the Judgement Debtor. Further the Judgement Debtor agreed to all
the terms and conditions at the time of availing the loan.
4. The Judgement Debtor on regular follow up by the Decree Holder made a Part
Payment against the unsecured loan and paid Rs. 500/ on 27th July 2022, Rs.
1,000/ on 31 July 2022, Rs. 1,000/ on 31 July 2022, and Rs. 1,000/ on 3rd
March 2023 out of the total outstanding amount of Rs. 22,100/ and assured to
pay the balance amount of Rs. 18,600/ soon after arranging the funds to repay
the loan. It is further averred that despite receipt of the Unsecured Loan by the
Judgement Debtor from the Decree Holder, the Judgement Debtor failed to
make the agreed payment to the Decree Holder with the prescribed time frame
as agreed voluntarily by the Judgement Debtor at the time of signing of the loan
agreement and acceptance of the Terms and Conditions of the loan agreement.
Hence, Decree Holder, issued a Legal Demand Notice to the Judgement Debtor
dated 30th August 2023 for a sum of Rs. 18,600/ the total outstanding
amount towards the recovery of the Unsecured Loan from the Judgement
Debtor and the same Legal Notice was duly served to the Judgement Debtor via
E-Mail (Electronic Mail) dated 7th September.
5. The summons for settlement of issues under Order 37 CPC were duly served on
the Judgement Debtor on 07.12.2023, but none has appeared on behalf of the
Judgement Debtor. Neither appearance nor affidavit and vakalatnama was filed
on behalf of the Judgement Debtor within 10 days from the date of service of
summons.
6. That the Ld. Court vide order dated 02.02.2024 decreed the suit in favour of
Decree Holder, therein under order 37 Code of Civil Procedure,1908. The Decree
Holder is thus entitled to a money decree of Rs.18,600/ along with interest @ 8
% per annum from the date of filing of present suit till the date of decree
alongwith the costs of the suit.
7. It is submitted that the Judgement Debtor failed to repay the loan amount even
after passing of the decree/judgement dated 02.02.2024 in the favour of Decree
Holder.
PRAYER
That it is, therefore most respectfully prayed that this Hon’ble court may be please to:
DECREE HOLDER
THROUGH
KARTIK AGGARWAL ASSOCIATES
ADVOCATES & SOLICITERS
PLACE: CH. No. 202, LAWYERS
DATE: CHAMBERS BLOCK, ROHINI COURTS,
DELHI-110085
(M): 9999262652, 7982149806
(E): [email protected]