Siti Network Ltd.(earlier Known As Siti Cable Network Ltd.) vs Acme Digicom Pvt Ltd & Anr

Case taken up. Learned Counsel for both side are present.

Learned Counsel for decree holder/ applicant mentioned that no compliance, of the repeated direction of this Court, is being made by Judgement Debtor, except taking a step of depositing part payments, towards the agreed amount. Hence, there had been a coercive order, with a direction to appear in person. But this too, was not complied with. Director of JD Company is not present before this Tribunal, nor the previous direction, got complied with.

When asked for, as to whether steps for attachment and auction of the property of Judgement Debtor has been taken by applicant and processes had been acted upon or not? It was said that it has not been taken. Again a query was made as to whether, there is any prayer with regard to civil detention and attachment of JD under Order XXI Rule 32? This too was replied in negative.

The Court is to proceed with execution of a decree, that too in settled proposition of procedure. Hence, steps with regard to civil detention and imprisonment or for attachment of properties, is to be taken by decree holder. Let it be taken within three weeks.

Learned Counsel for Judgement Debtor mentioned that decree had been acted upon. Whatever was the decree, that has been complied with, though under the direction of the Court/ Tribunal, with regard to settlement of other disputes too, a settlement  was entered in, and out of that, much more than the agreed,  had been deposited.

This has been vehemently opposed by decree holder.

This Tribunal is to execute the decree, drawn by it, and whatever is the settlement entered in between, if not acted upon, then the process of execution for above settlement, in above proceeding, may be taken. But for this execution proceeding, the decree, which has been awarded by this Tribunal, is to be executed. Hence, under the above contention made by the Counsel for Judgement Debtor, being taken as a statement of 'Officer of the Court', let Registrar to calculate and report as to whether, decree in question, has been complied with or not.

Bank Draft of Rs. 14.75 Lakhs is being handed over to Counsel for Petitioner on today in the Court itself. This amount is also to be taken in calculation of above mentioned aspect by the Registrar.

Learned Counsel for JD is requesting for time for making deposit of remaining amount with Registrar in  above period. He will be at liberty to do the same and in case of depositing the same, that may also be taken into account by the Registrar while making the report.

Vakalatnama by RP is filed on today itself and taken on record.

List the matter on 09.04.2024 'for hearing'.