SANTOSH Vs. APEX COMPUTERS P. LTD

JUDGEMENT

(1.) BY way of the present judgment, I am disposing of a Civil Revision Petition being CRP No. 48/2000 and a Civil Contempt Petition being Cont. Cas.(C) 557/2008 as facts are common to both the proceedings.

(2.) THE CRP No. 48/2008 has been filed under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), by Mrs. Santosh Kapoor seeking setting aside of the order dated 12th February, 2008 passed by the Additional District Judge, Delhi in RCA No. 16 of 2007 as well as quashing of order dated 11th December, 2006 passed by Civil Judge, Delhi in Execution Case No. M -7/2004, whereby Mrs. Santosh Kapoor's objection application to the warrants of attachment with respect to DDA Flat No. C -58C, Shalimar Bagh (hereinafter referred to as 'DDA flat') was dismissed.

(3.) BRIEFLY stated the material facts are that M/s. Apex Computers Pvt. Ltd. filed a suit against M/s. Welcome Enterprises for recovery of Rs. 1,61,977/ - along with pendent lite interest and future interest at the rate of 21% per annum. Since despite service defendant did not enter appearance, defendant was proceeded ex parte and the suit was decreed for a sum of Rs. 1,61,977/ - together with interest thereon at the rate of 15 % per annum from the date of filing of the suit till realization. It is pertinent to mention that admittedly Mr. Rajiv Kapoor is the sole proprietor of M/s. Welcome Enterprises and that the suit for recovery was based on dishonoured cheques.