IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS (OS) NO. 727 OF 2010

Sardar Vallabhbhai Patel Smarak Trust

7, Jantar Mantar Road,
New Delhi – 110001
through its Managing Trustee,
Shri Viresh Pratap Chaudhry Decree-Holder

Versus

Shri Samarth Nangia

s/o. Shri Niranjan Nangia,
A-7, NDSE Part – II,
New Delhi - 110049 Judgement Debtor

The Decree-Holder prays for the execution petition under

Order XXI of Code of Civil Procedure, 1908 of the decree/order
the particulars whereof are stated in the columns hereunder :

1. No. of Suit CS (OS) NO. 727 OF 2010

2. Names of the Sardar Vallabhbhai Patel Smarak Trust

Parties. 7, Jantar Mantar Road,
New Delhi – 110001
through its Managing Trustee,
Shri Viresh Pratap Chaudhry
… Decree-Holder

Versus

Shri Samarth Nangia

s/o. Shri Niranjan Nangia,
A-7, NDSE Part – II,
New Delhi - 110049
… Judgement-Debtor

3. Date of the 20.09.2011

decree/order of
which execution is
 sought.
4. Whether any No
appeal was filed
against the
decree/order
under execution.

5. Whether any None

payment has been
received towards
satisfaction of
decree/order.

6. Whether any No
application was
made previous to
this any if, so their
dates and results.

7. Amount of suit (I) Principal amount : Rs. 38,70,000.00

along with interest
as per decree or (II) Interest @ 6% per
any other relief annum on
granted or any Rs. 38,70,000.00
other relief from 05.04.2010
granted by the to 31.01.2012 : Rs. 4,06,350.00
decree.
(III) Mesne profit/damages
@ Rs. 2,15,000.00 per
month w.e.f. 05.04.2010
to 31.01.2012 : Rs. 45,15,000.00

-------------------------
Total : Rs. 87,91,350.00
-------------------------
8. Amount of costs if
allowed by court. 1,80,922.10
______________
Total Decreetal Amount : Rs. 89,72,272.10
______________

9. Against whom Judgement Debtor

execution is
sought.
10. In what manner The decree holder prays that :
Court’s assistance
is sought. (i) recovery of possession by way of warrant of
attachment of the premises bearing No. 7,
Jantar Mantar Road, New Delhi – 110001,
shown in red colour in two site plans annexed
to the plaint (forming part of the lease deed
Ex.PW-I/3). Certified copies of the said site
 plans are attached with this application.

(ii) the total decreetal amount of Rs. 89,72,272.00

together with interest @ 6% per annum on
the principal sum i.e. Rs. 38,70,000.00 up-to-
date of payment and costs of taking out this
execution, be realized by way of warrant of
attachment of the moveable properties of the
judgement Debtor as shown in Annexure-I to
this application, and lying at 7, Jantar Mantar
Road, New Delhi-110001.

(iii) by arrest and detention in prison of the

judgement debtor.

DECREE-HOLDER

through

( Nitinjya Chaudhry )
Advocate

VERIFICATION :

I, Viresh Pratap Chaudhry, Managing Trustee of the Decree Holder

declare that what is stated herein is true to the best of my knowledge
and belief.

DECREE-HOLDER

Place : New Delhi

Dated : 30.01.2012
LIST OF GOODS LYING AT THE PREMISE OF THE
JUDGEMENT DEBTOR AT 7, JANTAR MANTAR ROAD,
NEW DELHI – 110001 FOR ATTACHMENT AND SALE

1. Air Conditioner/s

2. Steel Almira/s

3. Tables

4. Chairs

5. Room Cooler/s

6. Refrigerator/s

7. Cabinets

8. Sofas

9. Wooden Racks etc.

10. Ceiling and Tables Fan/s

11. Computers, Laptops, Printers, CPU, Server

12. Typewriter/s

13. Phones and Fax Machine/s

14. Photocopy Machine

15. Wall Clock

16. Carpets

17. Other furnitures

(Decree Holder)
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS (OS) NO. 727 OF 2010

Sardar Vallabhbhai Patel Smarak Trust Decree-Holder

Versus

Shri Samarth Nangia Judgement Debtor

MEMO OF PARTIES

Sardar Vallabhbhai Patel Smarak Trust

7, Jantar Mantar Road,
New Delhi – 110001
through its Managing Trustee,
Shri Viresh Pratap Chaudhry …Decree-Holder

Versus

Shri Samarth Nangia

s/o. Shri Niranjan Nangia,
A-7, NDSE Part – II,
New Delhi - 110049 …Judgement Debtor

(Nitinjya Chaudhry)
Counsel for the Decree-Holder

4844/24, Darya Ganj,

New Delhi-110002
9810103680(M)
D-167-1998
Place : New Delhi
Dated : 30.01.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS (OS) NO. 727 OF 2010

Sardar Vallabhbhai Patel Smarak Trust Decree-Holder

Versus

Shri Samarth Nangia Judgement Debtor

APPLICATION FOR URGENT HEARING

The accompanying application may be treated as urgent for

the reason that it shall be in the interest of justice that
appropriate orders are passed on the said application at the
earliest.

It is requested that the application be listed before the Hon’ble

Court on 31.01.2012.

(Nitinjya Chaudhry)
Counsel for the Decree-Holder

4844/24, Darya Ganj,

New Delhi-110002
9810103680(M)
D-167-1998
Place : New Delhi
Dated : 30.01.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS(OS) No. 727 of 2010

Sardar Vallabhbhai Patel Smarak Trust Decree-Holder

Versus

Shri Samarth Nangia Judgement Debtor

AFFIDAVIT

I, Viresh Pratap Chaudhry, s/o late Shri Des Raj Chaudhry,

aged about 73 years, resident of 4844/24, Darya Ganj, New
Delhi–110002, do hereby solemnly affirm and state as under:

1. That I am holding the office of the Managing Trustee of the

plaintiff Trust. I am fully conversant with the facts of the case

and am in a position to depose about them on behalf of the

plaintiff.

2. That I have read and understood the contents of the

accompanying execution application. The said application has

been drafted under my instruction. I say that the contents of

paras 1 to 9 of the said application are true to my knowledge.

Para 10 is the prayer to this Hon’ble Court.

DEPONENT
VERIFICATION :

I, the above-named deponent, do hereby verify that the

contents of paras 1 and 2 of the said affidavit are true to my
knowledge, no part of it is false and nothing material has been
concealed therefrom.

VERIFIED at New Delhi, this the 30th day of January, 2012.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS(OS) No. 727 of 2010

Sardar Vallabhbhai Patel Smarak Trust …Decree-Holder

Versus

Shri Samarth Nangia …Judgement Debtor

INDEX OF PAPERS

Sl. Description Page

No. Nos.

INDEX-I

1. Application for urgent hearing. 1

2. Memo of Parties 2

3. An application on behalf of the Decree- 3-8

Holder for the execution of the decree
arising in CS(OS) No. 727 of 2010 along
with affidavit in support

4. Certified copy of the Decree dated 9-11

20.09.2011

5. Certified copy of the judgement / order 12-21

dated 20.09.2011 certified copy of the plaint
with site plan

( Nitinjya Chaudhry )
for Sharma Chaudhry & Rathi, Advocates
Counsel for the petitioner

4844/24, Darya Ganj

New Delhi - 110002
(O) : 011-23275740
9810103680(M)
D-167-1998
Place : New Delhi
Date : 31.01.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS(OS) No. 727 of 2010

Sardar Vallabhbhai Patel Smarak Trust …Decree-Holder

Versus

Shri Samarth Nangia …Judgement Debtor

INDEX OF PAPERS

INDEX-II
1. An application on behalf of the Decree- 1-2
Holder under Order XXI Rule 41 read with
Section 151 of Code of Civil Procedure,
1908.
2. Affidavit in support 3-4

( Nitinjya Chaudhry )
for Sharma Chaudhry & Rathi, Advocates
Counsel for the petitioner

4844/24, Darya Ganj

New Delhi - 110002
(O) : 011-23275740
9810103680(M)
D-167-1998
Place : New Delhi
Date : 31.01.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS(OS) No. 727 of 2010

Sardar Vallabhbhai Patel Smarak Trust …Decree-Holder

Versus

Shri Samarth Nangia …Judgement Debtor

INDEX-III

1. Power of attorney 1

( Nitinjya Chaudhry )
for Sharma Chaudhry & Rathi, Advocates
Counsel for the petitioner

4844/24, Darya Ganj

New Delhi - 110002
(O) : 011-23275740
9810103680(M)
D-167-1998

Place : New Delhi

Date : 31.01.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

CS(OS) No. 727 of 2010

Sardar Vallabhbhai Patel Smarak Trust …Decree-Holder

Versus

Shri Samarth Nangia …Judgement Debtor

INDEX-IV

1. certified copy of the plaint with site plan 1-11

( Nitinjya Chaudhry )
for Sharma Chaudhry & Rathi, Advocates
Counsel for the petitioner

4844/24, Darya Ganj

New Delhi - 110002
(O) : 011-23275740
9810103680(M)
D-167-1998

Place : New Delhi

Date : 31.01.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

EXECUTION PETITION NO. 34 OF 2012

Sardar Vallabhbhai Patel Smarak Trust …Decree-Holder

Versus

Shri Samarth Nangia …Judgement Debtor

INDEX OF PAPERS

Sl. Description Page

No. Nos.

1. Application for urgent hearing. 1

2. An application on behalf of the Decree- 2-3

Holder under Order XXI Rule 35(3) read with
Section 151 of Code of Civil Procedure,
1908.

3. Affidavit in support 4

( Nitinjya Chaudhry )
for Sharma Chaudhry & Rathi, Advocates
Counsel for the petitioner

4844/24, Darya Ganj

New Delhi - 110002
(O) : 011-23275740
9810103680(M)
D-167-1998
Place : New Delhi

Date : 27.02.2012
 IN THE HIGH COURT OF DELHI AT NEW DELHI

EXECUTION APPLICATION NO. OF 2012

IN

EXECUTION PETITION NO. 34 OF 2012

Sardar Vallabhbhai Patel Smarak Trust …Decree-Holder

Versus

Shri Samarth Nangia …Judgement Debtor

APPLICATION FOR URGENT HEARING

The accompanying application may be treated as urgent for

the reason that it shall be in the interest of justice that
appropriate orders are passed on the said application at the
earliest.

It is requested that the application be listed before the Hon’ble

Court on 29.02.2012.

(Nitinjya Chaudhry)
Counsel for the Decree-Holder

4844/24, Darya Ganj,

New Delhi-110002
9810103680(M)
D-167-1998
Place : New Delhi
Dated : 27.02.2012