SHAKTI ROLLER SYSTEM Vs. ZUBERI ENGINEERING CO

JUDGEMENT

(1.) This petition filed under Article 227 of Constitution of India impugns the orders dtd. 2/2/2023, 7/7/2023, 31/8/2023 and 13/10/2023 passed by the ADJ-11, Central District, Tis Hazari Courts, Delhi ('Executing Court') in execution petition bearing Ex. No. 22/2023, titled as 'Zuberi Engineering Co. v. M/s Shakti Roller System and Anr.'. The Executing Court vide said orders issued warrant of attachment of the Petitioner's bank account, and subsequently, of movable properties found at premises bearing No. AA/1, Street No.4, Anand Parwat, New Rohtak Road, New Delhi ' 110005.

(2.) After some arguments, learned counsel for the Petitioner seeks to withdraw this petition with liberty reserved to the Petitioner to approach the Executing Court to file objections to the decree dtd. 1/9/2016, including the objection that no notice was issued to the Petitioner as contemplated in Order XXII Rule 22 of Code of Civil Procedure, 1908 ('CPC').

(3.) The aforesaid statement of the Petitioner is taken on record and accepted as an undertaking to this Court. In view of the undertaking given by the Petitioner and subject to the Petitioner depositing the aforesaid amount on the dates fixed, the operation of the order dtd. 13/10/2023 passed by the Executing Court shall remain stayed.