POLYCHEM LTD Vs. BHUSHAN GROVER

JUDGEMENT

(1.) IN these proceedings, the decree holder of the applicant seeks confirmation of a sale order through proclamation of Court.

(2.) THE facts necessary for a decision are that the decree holder had sued the defendant/judgment debtor, in CS (OS) 1546/1996, before this Court. The suit was decreed against the defendant, Shri Bhushan Grover (hereafter referred to as JD) on 13. 7. 2001 for Rs. 35,24,805. 57 paise with pendente lite and future interest @ 18% per annum. The present execution proceedings were brought into Court on 20. 12. 2001. Among others, the decree holder sought attachment of immovable property bearing Municipal Nos. J-9/45, rajouri Garden, New Delhi-110027, owned by the judgment debtor.

(3.) THIS Court, by an order dated 17. 1. 2002 attached the property. The judgment debtor entered appearance and sought time to explore the possibility of amicably resolving the dispute. Later his wife, Ms. Archana grover, filed an application, i. e. EA 441/2002, objecting to the maintainability of the execution proceedings, and objecting to the attachment. Notice was issued on that application on 1. 10. 2002.