MOTI GUPTA Vs. SURINDER KUMAR AGGARWAL

JUDGEMENT

(1.) The present appeals challenge the various orders passed by learned Single Judge in execution petition being Ex. P. 336/2014. Appeal being EFA (OS) 7/2020 has been filed by the Judgment Debtors with prayer for quashing and setting aside the orders dtd. 8/11/2019, 23/7/2019 and earlier orders passed by the learned Single Judge in EX. P. 336/2014 on the ground that they had not instructed their counsel to settle the matter. Connected appeal being EFA (OS) 7/2021 has been filed by the son of the Judgment Debtors with prayer for setting aside the order dtd. 22/10/2021 and all previous orders passed in EX. P. 336/2014 on the ground that the property in question which is the subject matter of attachment and auction in the execution proceedings, is under his ownership on the basis of gift deed dtd. 28/5/2015 executed by his mother, the Judgment Debtor no. 2, in his favour. For convenience sake, appellants in EFA (OS) 7/2020 shall be referred as Judgment Debtors and appellant in EFA (OS) 7/2021 shall be referred as son of the Judgment Debtors.

(2.) Facts of the case as canvassed on behalf of respondent/Decree Holder are that he had loaned a sum of AED 1,500,000/- (AED one million and five hundred thousand) to Judgment Debtor no. 2. In acknowledgment of the said loan, the Judgment Debtor no. 2 executed an acknowledgment, and she also handed over a cheque bearing no. 001001 drawn on Habib Bank AG Zurich for a sum of 1.4 million AED signed by her husband, Judgment Debtor no. 1. Admittedly, the said cheque was dishonoured, which led to filing of suit by respondent/ Decree Holder in the Commercial Plenary Court in Dubai. The suit of the respondent/ Decree Holder was decreed in his favour by way of judgment and decree dtd. 15/12/2013 passed by the Commercial Plenary Court in Dubai. Thus, execution petition being EX. P. 336/2014 was filed by respondent/ Decree Holder for execution of the aforesaid judgment and decree before the learned Single Judge.

(3.) When the matter was listed for hearing on 31/7/2018, learned counsel for the Judgment Debtors submitted that his client was ready and willing to pay a sum of Rs.3.00 crores as full and final settlement of the decree. Thus, the execution petition was disposed of by learned Single Judge vide order dtd. 31/7/2018 recording the settlement of the parties. For the purpose of working out the modalities of the payment, the matter was directed to be placed before the Delhi High Court Mediation and Conciliation Centre ('Mediation Centre') by the learned Single Judge.