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Final Draft - Execution

This document is an execution application filed by Rajat Singal against Anshul Jindal in the District Court of Rohini, Delhi, seeking enforcement of a settlement agreement due to Jindal's failure to pay the agreed amount of Rs. 6,50,000 as per the terms set on 07.08.2024. The application outlines the history of the case, including previous payments and defaults, and requests the court to issue a warrant for the attachment and sale of Jindal's properties to recover the outstanding amount. An affidavit by Rajat Singal confirms the accuracy of the application and states there is no stay against the order from any court.

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0% found this document useful (0 votes)
16 views

Final Draft - Execution

This document is an execution application filed by Rajat Singal against Anshul Jindal in the District Court of Rohini, Delhi, seeking enforcement of a settlement agreement due to Jindal's failure to pay the agreed amount of Rs. 6,50,000 as per the terms set on 07.08.2024. The application outlines the history of the case, including previous payments and defaults, and requests the court to issue a warrant for the attachment and sale of Jindal's properties to recover the outstanding amount. An affidavit by Rajat Singal confirms the accuracy of the application and states there is no stay against the order from any court.

Uploaded by

Nandita Singal
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE COURT OF HON’BLE OF DISTRICT JUDGE, NORTH-WEST,

ROHINI COURTS, DELHI


Execution Application NO. OF 2025

IN THE MATTER OF:

RAJAT SINGAL
S/O NARESH KUMAR SINGAL
R/O B-112, 2ND FLOOR, PUSHPANJALI ENCLAVE,
PITAMPURA, DELHI-110034 …DECREE HOLDER/APPLICANT

Versus

ANSHUL JINDAL
S/O LATE SURENDER JINDAL
R/O D-1/106, 2ND FLOOR, SECTOR-11,
ROHINI, DELHI-110085 …JUDGMENT DEBTOR/RESPONDENT

DATE: 22TH JANUARY, 2025

The Decree Holder prays for the Execution of the Decree/ Order for the particulars whereof
are stated in the column hereunder:
1. Suit Number : CC NIA
2. Name of the Parties : MR. RAJAT SINGAL
S/O NARESH KUMAR SINGAL
R/O B-112, 2ND FLOOR, PUSHPANJALI
ENCLAVE, PITAMPURA, DELHI-11003 …D.H.
VERSUS
ANSHUL JINDAL
S/O LATE SURENDER JINDAL
R/O D-1/106, 2ND FLOOR, SECTOR-11
ROHINI, DELHI-110085 …J.D.
3. Date of Decree/Order
Of which execution is sought : 21.11.2023
4. Whether an appeal was filed against
the Decree/Order under execution : YES
5. Whether any payment has been
received towards satisfaction of : YES
decree/order
6. Whether any application was made
Before his and if so their dated : NO
And results
7. Whether any amount of suit
Along with interest as per decree
Or any order relief granted by the : YES
Decree
8. Amount of costs if allowed by court : NOT KNOWN
9. Against whom execution is sought : JUDGEMENT DEBTOR
10. Cost of copies : NOT KNOWN
11. Present execution cost :
12. In what Manner courts assistance: :
is sought
EXECUTION PETITION UNDER SECTION 21 OF THE LEGAL
SERVICES AUTHORITIES ACT, 1987, READ WITH ORDER XXI
RULE 11 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Decree Holder, Rajat Singal (hereinafter referred to as "the DH"), had
initiated a suit/claim against the Judgment Debtor, Anshul Jindal (hereinafter referred
to as "the JD"), which was adjudicated by this Hon’ble Court. During the proceedings,
a settlement agreement was executed between the parties, and an order was passed by
this Hon’ble Trial Court on 21.11.2023 in favour of the DH.
2. That the DH had also initiated proceedings under Section 138 of the Negotiable
Instruments Act, 1881 (NI Act), against the JD before this Hon’ble Court, arising
from the dishonour of a cheque issued by the JD.
3. That during the pendency of the appeal in Criminal Appeal No. 281/2023, the matter
was referred for mediation, and a settlement agreement dated 07.08.2024 was
executed between the parties before the Mediation Center, Rohini District Courts,
Delhi.
4. That as per the terms of the settlement, the JD agreed to pay a total sum of Rs.
6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) in the following manner:
i. Rs. 1,20,000/- by 20.09.2024
ii. Rs. 5,30,000/- by 20.12.2024
5. That the JD made the first payment of Rs. 1,20,000/- but failed to make the
subsequent payment of Rs. 5,30,000/- as per the settlement agreement, thereby
committing a default.
6. That Clause 5 of the Mediation Settlement Agreement specifically states that in the
event of any default in payment, the full amount of Rs. 6,50,000/- becomes due and
payable, and the matter shall proceed as per law. Additionally, the amount of Rs.
1,20,000/- already paid by the JD shall stand forfeited, as per the agreed terms.
7. That the settlement agreement dated 07.08.2024 has the binding effect of a decree
under Section 21 of the Legal Services Authorities Act, 1987, and the Decree Holder
is entitled to execute the same.
8. That the cause of action for filing the present execution petition arose on 20.12.2024,
when the JD defaulted in making the payment as stipulated in the settlement
agreement.
9. That the Judgment Debtor has willfully and deliberately failed to fulfil the terms of
the settlement agreement and the order passed by this Hon’ble Court. As a result, the
remaining balance of ₹6,50,000/- (after accounting for the forfeiture) is still due and
payable to the Decree Holder.
10. That this Hon'ble Court has the jurisdiction to entertain and adjudicate upon the
present execution petition.
That the details of the decree sought to be executed are as follows:
- Date of Decree: 07.08.2024
- Amount Due: Rs. 6,50,000/-
- Amount Paid: Rs. 1,20,000/- (Forfeited as per agreement)
- Amount Outstanding: Rs. 6,50,000/-
11. That the DH has not filed any other execution petition regarding the same settlement
and decree.

PRAYER

In view of the facts and circumstances mentioned above, the Decree Holder most respectfully
prays that this Hon'ble Court may be pleased to:
a. Issue a warrant of attachment and sale of the movable and immovable properties of
the Judgment Debtor to realize the outstanding amount of Rs. 6,50,000/- along with
interest and costs;
b. Direct the Judgment Debtor to disclose details of their assets and means for recovery
of the decretal amount
c. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest
of justice.

AND FOR THIS ACT OF KINDNESS, THE DECREE HOLDER SHALL


EVER PRAY.

RAJAT SINGAL
(JUDGEMENT DEBTOR)
Through:

ABHISHEK KHATRI
(ADVOCATE)
SCALES LAW FIRM
80D, AD BLOCK, PITAMPURA
DELHI-110034
M.NO- 9599628048
MAIL I.D – [email protected]

DATE:

PLACE: NEW DELHI

IN THE COURT OF HON’BLE OF DISTRICT JUDGE, NORTH-WEST,


ROHINI COURTS, DELHI
Execution Application NO. OF 2025

IN THE MATTER OF:

RAJAT SINGAL …DECREE HOLDER/APPLICANT

Versus

ANSHUL JINDAL …JUDGMENT DEBTOR/RESPONDENT

AFFIDAVIT

I, RAJAT SINGAL, S/O NARESH SINGAL, R/O B-112 PUSHPANJALI ENCLAVE


PITAMPURA DELHI, do hereby solemnly affirm and declare as follows:

1. That I am the Decree Holder/Applicant in the present application and am well


conversant with the facts of the case.
2. That the accompanying Application for the Execution has been drafted under my
instructions and the contents thereof are true and correct to the best of my knowledge
and belief.
3. That the Appellant/Accused has failed to comply with the terms of the settlement
agreement dated 07.08.2024, specifically the payment of Rs. 5,30,000/- by the
stipulated deadline of 20.12.2024.
4. That this affidavit is being filed in support of the Application for Execution of the
Case.
5. That there is no stay against the said order and decree from any court of law.

DEPONENT

VERIFICATION
I, the above-named Deponent, do hereby verify that the contents of this affidavit from
paras 1 to 5 are true and correct to the best of my knowledge and belief and nothing
material has been concealed therefrom.
Verified at Delhi on this 20th day of Jan, 2025.

DEPONENT

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