AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
23 paragraphs · 475 wordsCounsel appearing for the judgment debtor is seeking time as the arguing counsel is not available.
Counsel appearing for the decree holder submits that the judgment and decree passed by this Tribunal 20.04.2022 in BP No. 463 of 2017 for the amount of Rs. 1,13,44,830/- along with interest at Rs. 90,13,079/-. The aforesaid amount has not been deposited by the judgment debtor. Counsel appearing for the decree holder submits that on page No. 5 of the memo of the Execution Application, the details of the Bank account and the details of the immovable property owned and operated by the judgment debtor has been mentioned and let there be a freezing order upon the bank account and so far as immovable property is concerned, the same may not be transferred to anyone else without permission of this Tribunal.
In view of this submission we hereby direct HDFC bank, Branch,
Shop No. 3,4,11,
Ground Floor,
Block No. 17/2/4, Friends Plaza, Sanjay Plaza,
Agra, Uttar Pradesh – 282002
not to allow the respondent to withdraw any amount from
Account No. – 012120000110183
IFSC Code – HDFC000121
without prior permission of this Court.
We also restrain the judgment debtor not to lease, sub lease, give on rent, gift, transfer or otherwise alienate the following property;
Hotel East Lite,
Shop No. 1/47,
Delhi Gate, Agra,
Uttar Pradesh - 282002
without prior permission of this Tribunal.
We also hereby direct the respondent to place on record the last two Financial years' Income Tax Returns. It is submitted by the counsel for the decree holder that Review Petition has been preferred just for the sake of filing by the judgment debtor. Even today also the judgment debtor is not ready and willing to argue out the Review Application.
We also hereby direct the judgment debtor to give the bank account of Hotel East Lite, Shop No. 1/47, Delhi Gate, Agra, Uttar Pradesh – 282002.
We also hereby direct the judgment debtor to bring on record the last two years’ (financial years) Income Tax Returns of Hotel East Lite, Shop No. 1/47, Delhi Gate, Agra, Uttar Pradesh – 282002.
We also hereby direct the judgment debtor, the directors thereof, to file an affidavit about the immovable property owned by the judgment debtor as well as by their directors and their spouses, along with their bank account details.
Prima facie, it appears that judgment debtor is avoiding further hearing of the Execution Application and the Review Application also. We, therefore, impose a cost of Rs. 10,000/- which shall be deposited within two weeks from today through bank draft in the name of "TDSAT Employees Welfare Society". On this condition the next date of hearing is granted to this judgment debtor who has filed the present Review Application.
This matter is, therefore, adjourned to 10.08.2023.
