CAPER TRAVEL COMPANY PVT. LTD. Vs. ROHIT SRIVASTAVA

JUDGEMENT

(1.) Execution, by arrest and detention of the judgment debtor and by attachment of the properties of the judgment debtor, is sought of a order/decree dated 11th May, 2016 disposing of CS(OS) 2308/2015 in terms of Settlement Agreement dated 7th April, 2016 arrived at before the Mediation Cell of this Court and by binding the judgment debtor to the undertaking Annexure "A" to IA No.5069/2016 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) filed by the parties.

(2.) The senior counsel for the decree holder and the counsel for the judgment debtor were heard at length on 21st August, 2019. The senior counsel for the decree holder argued, (i) that the judgment debtor was an employee of the decree holder, carrying on business as a Travel Agent; (ii) that the decree holder instituted the suit, of order/decree wherein execution is sought, for recovery of its dues from the judgment debtor and for injuncting the judgment debtor from using the confidential information and data of the decree holder; (iii) that the parties in the said suit were referred to mediation, and a Settlement Agreement dated 7th April, 2016 was signed, whereunder the decree holder gave up its monetary claim against the judgment debtor and on the contrary paid an amount of Rs.15 lakhs to the judgment debtor and the judgment debtor agreed

(3.) The senior counsel for the decree holder, on 21st August, 2019 contended that the judgment debtor, in his reply to the Execution Petition, has not specifically denied ownership by him of Safe Hands Travels Pvt. Ltd. and of business done by Indus Cureyatra Pvt. Ltd. with M/s Omnia in collusion with Safe Hands Travels Pvt. Ltd. and thus a case of violation of the undertaking given by the judgment debtor was made out and there was no need to frame an issue and to record evidence thereon.