State Bank of India VS Sneh Lata

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IN THE COURT OF LEARNED DISTRICT JUDGE

(COMMERCIAL COURTS), NEW DELHI DISTRICT,


PATIALA HOUSE COURTS, NEW DELHI

EXECUTION PETITION NO. OF 2024


IN
CIVIL SUIT (COMM) NO. 553 OF 2022

IN THE MATTER OF :

State Bank of India … Decree Holder

Versus

Sneh Lata (Prop. Kalighat Entrepreneurs) … Judgment Debtor

INDEX
S. No. Particulars Page No. …

1. Memo of Parties

2. Execution Petition on behalf of


the Decree Holder

3. Annexure-1
Certified Copy of the Order
dated 30.04.2024 passed
in CS (Comm) No. 553/2022

4. Affidavit against any appeal or stay

5. Vakalatnama/ Appointment letter


__________________________________________________________

Decree Holder

Place : New Delhi

Date : ___.10.2024 Through

Ruchi Khurana
Legal Aid Counsel
843, Lawyers Chamber,
Patiala House Courts,
New Delhi-110001,
Mob. No. 9811170646
IN THE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURTS), NEW DELHI DISTRICT,
PATIALA HOUSE COURTS, NEW DELHI

EXECUTION PETITION NO. OF 2024


IN
CIVIL SUIT (COMM) NO. 553 OF 2022

IN THE MATTER OF :

State Bank of India … Decree Holder

Versus

Sneh Lata (Prop. Kalighat Entrepreneurs) … Judgment Debtor

MEMO OF PARTIES

State Bank of India,


Registered and Head Office at:
SBI Bhawan, Madan Cama Road,
Nirman Point, Mumbai

Local Head Office at:


11, Sansad Marg, New Delhi,-110001

Also At:
59, Community Centre,
Naraina Industrial Area
Phase- I, New Delhi- 110028
… Decree Holder

VERSUS

Sneh Lata
(Prop. Kalighat Entrepreneurs
W/O Sh. Suresh Kumar)
R/O 76B, Ground Floor, Extension 2-B,
Nangloi, Nilothi, Near Bhoton Ali Gali,
New Delhi-110041

Also at:
Shop No. 11, Plot No. RZ-4, Sayed Goan, Nangloi,
Pashcim Vihar, New Delhi-110087

Also at:
B-40, Near Camp No. 2, Nangloi, New Delhi-110041

Also at:
House No. C-35, Kh. No. 41/10/1
Nangloi Extension, New Delhi-110041
Also at:
A-11, Ground Floor,
Ram Dutta Enclave,
Uttam Nagar, New Delhi-110059

Also at:
House No. 42, Kh. No. 40/25
Block D029, Extension-2
Nangloi, Mundka Village,
New Delhi-110081
… Judgment Debtor

Place : New Delhi


Date : ___.10.2024

Ruchi Khurana
Legal Aid Counsel
843, Lawyers Chamber,
Patiala House Courts,
New Delhi-110001,
Mob. No. 9811170646
IN THE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURTS), NEW DELHI DISTRICT,
PATIALA HOUSE COURTS, NEW DELHI

EXECUTION PETITION NO. OF 2024


IN
CIVIL SUIT (COMM) NO. 553 OF 2022

IN THE MATTER OF :

State Bank of India … Decree Holder

Versus

Sneh Lata (Prop. Kalighat Entrepreneurs) … Judgment Debtor

EXECUTION PETITION UNDER ORDER XI RULE 1 (10) READ


WITH SECTION 151 OF CIVIL PROCEDURE CODE

The Decree Holder prays for execution of the decree/order particulars


whereof are stated in the columns hereunder:

(a) The number of the : CS (COMM) No. 553/2022


Suit No.

(b The name of the : State Bank of India


) parties Versus
Sneh Lata (Prop. Kalighat Entrepreneurs)

(c) The date of : Order dated 30.04.2024 passed by Ms. Vidya


Decree/Order Prakash, District Judge (Commercial Court),
New Delhi District, Patiala House Courts,
New Delhi
(d Whether any : No appeal has been preferred from the Order
) appeal has been
preferred from the
Order
(e) What payment or : The Decree is to be fully executed.
other adjustment
of the matter in
controversy has
been made
between the
parties subsequent
to the decree/order.
(f) Whether any : No application has been filed for execution
previous prior to the present application.
application have
been made for the
execution of the
order, the dates of
such applications
and their results.
(g The amount with : i) The Plaintiff is entitled to recover
) interest (if any) Rs. 11,96,636/- (Rupees Eleven
due upon the Lacs, Ninety-Six Thousand, Six
decree, or Hundred and Thirty Six only) from
agreement other the defendant;
relief granted ii) Pendente lite interest is awarded @
thereby Any cross- 9.90% per annum from the date of
decree, whether filing of the suit till the date of
passed before or judgement;
after the date of iii) Further interest is awarded @ 9.90%
the order to be per annum from the date of its
executed. realization; and
iv) Cost of the suit is also awarded in
favour of the plaintiff.

(h The amount of the : Rs. 19,585/- (Rupees Nineteen Thousand,


) costs (if Five Hundred and Eighty Five only)
any) awarded.
(i) The name of the : The execution of the decree sought to be
person against executed against the Judgement Debtor, Sneh
whom execution of Lata (Prop. Kalighat Enterpreneures)
the decree is
sought
(j) In what manner : The Learned District Judge (Commercial
Court’s assistance Court vide Judgment dated 30.04.2024
is sought imposed a cost of Rs. 11,96,636/- (Rupees
Eleven Lacs, Ninety-Six Thousand, Six
Hundred and Thirty Six only) in favour of the
Decree Holder and against the Plaintiff.

It is therefore, respectfully prayed that this


Hon’ble Court may be pleased to :-
i) The Plaintiff is entitled to recover
Rs. 11,96,636/- (Rupees Eleven
Lacs, Ninety-Six Thousand, Six
Hundred and Thirty Six only) from
the defendant;
ii) Pendente lite interest is awarded @
9.90% per annum from the date of
filing of the suit till the date of
judgement;
iii) Further interest is awarded @ 9.90%
per annum from the date of its
realization; and
iv) Cost of the suit is also awarded in
favour of the plaintiff.

Decree Holder

Place : New Delhi


Date : ___.10.2024
Through

Ruchi Khurana
Legal Aid Counsel
843, Lawyers Chamber,
Patiala House Courts,
New Delhi-110001,
Mob. No. 981117064

VERIFICATION:

I,__________________, Authorized Representative of the Decree Holder, do


hereby verify that the contents of paras (a) to (i) of the Execution Petition are
true and correct to my personal knowledge and belief and the contents of Para
(j ) are reliefs prayed to this Hon’ble Court and no part of it is false and
nothing material has been concealed therefrom.

Verified at New Delhi on this the day of ________, 2024.

Decree Holder
IN THE COURT OF LEARNED DISTRICT JUDGE
(COMMERCIAL COURTS), NEW DELHI DISTRICT,
PATIALA HOUSE COURTS, NEW DELHI

EXECUTION PETITION NO. OF 2024


IN
CIVIL SUIT (COMM) NO. 553 OF 2022

IN THE MATTER OF :

State Bank of India … Decree Holder

Versus

Sneh Lata (Prop. Kalighat Entrepreneurs) … Judgment Debtor

AFFIDAVIT

I, _____________________, son of __________________, aged about ____


years, having office at New Delhi District Legal Services Authority, Patiala
House Courts, New Delhi do hereby solemnly affirm and declare as under :

1. That I am the _______________ and authorised representative of the


Decree Holder and in that capacity am well conversant with the facts and
circumstances of the present case and hence, competent to swear this
affidavit.

2. That the accompanying execution petition is drafted by my Counsel on my


instructions. I have read the contents thereof and I say that the same are
true and correct to my knowledge as per the records maintained by the
office in due course.

3. I say that I have neither been served with any caveat nor with any appeal
on behalf of the Judgment Debtor or with any stay order against the order
dated 30.04.2024. Thus, I pray for urgent orders as prayed in the Execution
Petition. I say that the facts stated therein are true and correct to my
knowledge.

DEPONENT

VERIFICATION :

Verified at New Delhi on this day of _______, 2024 that the contents of
para 1 to 3 of my above affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.

DEPONENT

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