w w w . L a w y e r S e r v i c e s . i n



Pradyuman Overseas Ltd. v/s Sanjeev Jindal


Company & Directors' Information:- JINDAL (INDIA) LIMITED [Active] CIN = U51109WB1991PLC092393

Company & Directors' Information:- R P G OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035238

Company & Directors' Information:- M K OVERSEAS PRIVATE LIMITED [Active] CIN = U25209DL1987PTC029976

Company & Directors' Information:- P K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059051

Company & Directors' Information:- U & M OVERSEAS PRIVATE LIMITED [Active] CIN = U25200DL2007PTC165258

Company & Directors' Information:- B R K OVERSEAS PRIVATE LIMITED [Active] CIN = U51311DL2002PTC117390

Company & Directors' Information:- A V I OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059014

Company & Directors' Information:- J C OVERSEAS LIMITED [Active] CIN = U65993WB1999PLC090116

Company & Directors' Information:- J S OVERSEAS PVT LTD [Active] CIN = U74899DL1994PTC058039

Company & Directors' Information:- H A OVERSEAS PRIVATE LIMITED [Active] CIN = U55101CH1999PTC032886

Company & Directors' Information:- B. R. OVERSEAS LIMITED [Active] CIN = U24111MP1973PLC001244

Company & Directors' Information:- A T OVERSEAS LTD [Active] CIN = U17115PB1995PLC015815

Company & Directors' Information:- A L OVERSEAS PRIVATE LIMITED [Active] CIN = U15300DL2013PTC250975

Company & Directors' Information:- D R OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2013PTC253214

Company & Directors' Information:- PRADYUMAN OVERSEAS LIMITED [Active] CIN = U74899DL1998PLC095407

Company & Directors' Information:- M R OVERSEAS PRIVATE LIMITED [Active] CIN = U01111DL1998PTC092787

Company & Directors' Information:- B C C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058775

Company & Directors' Information:- R B OVERSEAS PVT LTD [Active] CIN = U24200MH1982PTC028320

Company & Directors' Information:- S L OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1999PTC099800

Company & Directors' Information:- B L OVERSEAS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC177039

Company & Directors' Information:- G D R OVERSEAS LIMITED [Strike Off] CIN = U51909TN1994PLC028831

Company & Directors' Information:- S. B. OVERSEAS PVT LTD [Active] CIN = U27101WB1994PTC065565

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2007PTC116567

Company & Directors' Information:- G B OVERSEAS PRIVATE LIMITED [Active] CIN = U74110DL2007PTC317094

Company & Directors' Information:- AT OVERSEAS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276303

Company & Directors' Information:- M D OVERSEAS LIMITED [Active] CIN = U52110DL1980PLC011099

Company & Directors' Information:- R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045610

Company & Directors' Information:- S. R. O. OVERSEAS PRIVATE LIMITED [Active] CIN = U51101DL2014PTC268846

Company & Directors' Information:- JINDAL OVERSEAS LIMITED [Strike Off] CIN = U52110DL1989PLC034496

Company & Directors' Information:- K P OVERSEAS LIMITED [Active] CIN = U51311DL2004PLC125574

Company & Directors' Information:- M I OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC026966

Company & Directors' Information:- R F OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB1997PTC019643

Company & Directors' Information:- M R K OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018631

Company & Directors' Information:- L & W OVERSEAS PRIVATE LIMITED [Active] CIN = U17221PB2013PTC037343

Company & Directors' Information:- C D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC085553

Company & Directors' Information:- J D OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC038866

Company & Directors' Information:- A A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC042105

Company & Directors' Information:- K G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054832

Company & Directors' Information:- OVERSEAS CORPN. PVT LTD [Active] CIN = U67120WB1947PTC014910

Company & Directors' Information:- G R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050950

Company & Directors' Information:- A M D OVERSEAS PRIVATE LIMITED. [Active] CIN = U52110DL1980PTC010622

Company & Directors' Information:- M S D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC069001

Company & Directors' Information:- R K G OVERSEAS PRIVATE LIMITED [Active] CIN = U51229DL1997PTC086734

Company & Directors' Information:- N D OVERSEAS PRIVATE LTD [Converted to LLP] CIN = U51900MH1994PTC076787

Company & Directors' Information:- N W OVERSEAS PRIVATE LIMITED [Active] CIN = U51507HR1999PTC034265

Company & Directors' Information:- R. G. OVERSEAS LIMITED [Strike Off] CIN = U27104TN1981PLC008963

Company & Directors' Information:- P M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL1991PTC045126

Company & Directors' Information:- J M B OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085224

Company & Directors' Information:- S C J OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052913

Company & Directors' Information:- M C S OVERSEAS PVT LTD. [Strike Off] CIN = U51909WB1994PTC063666

Company & Directors' Information:- B. J. OVERSEAS PVT. LTD. [Strike Off] CIN = U24134WB1994PTC063846

Company & Directors' Information:- A H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51109UP1977PTC004421

Company & Directors' Information:- R M OVERSEAS LTD [Active] CIN = U51909PB1992PLC011971

Company & Directors' Information:- L O P OVERSEAS PRIVATE LIMITED [Active] CIN = U51109UP2001PTC026011

Company & Directors' Information:- R R OVERSEAS LTD [Active] CIN = U51909DL1993PLC054909

Company & Directors' Information:- U D OVERSEAS PRIVATE LIMITED. [Strike Off] CIN = U74999DL2000PTC105257

Company & Directors' Information:- S A OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2001PTC112769

Company & Directors' Information:- A H R OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2000PTC103069

Company & Directors' Information:- H S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2008PTC182147

Company & Directors' Information:- B R JINDAL (INDIA) PRIVATE LIMITED [Active] CIN = U27100MH1973PTC016358

Company & Directors' Information:- S G OVERSEAS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC105649

Company & Directors' Information:- R AND R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1987PTC030154

Company & Directors' Information:- D & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51420OR2009PTC010779

Company & Directors' Information:- A TO Z OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031342

Company & Directors' Information:- J P OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059744

Company & Directors' Information:- R Q OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2012PTC230840

Company & Directors' Information:- J M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128957

Company & Directors' Information:- D N OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U24119DL1999PTC102409

Company & Directors' Information:- A-3 OVERSEAS PRIVATE LIMITED [Active] CIN = U36900HR2016PTC063750

Company & Directors' Information:- D M OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC072532

Company & Directors' Information:- OVERSEAS (INDIA) LTD [Strike Off] CIN = U51909WB1945PLC012624

Company & Directors' Information:- B N OVERSEAS PVT LTD [Strike Off] CIN = U74899DL1991PTC042764

Company & Directors' Information:- S N R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U00063KA1996PTC019873

Company & Directors' Information:- M H OVERSEAS LIMITED [Strike Off] CIN = U36911UP2000PLC025118

Company & Directors' Information:- V. R. OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2006PTC107676

Company & Directors' Information:- I E S (OVERSEAS) PVT LTD [Active] CIN = U31200WB1974PTC029343

Company & Directors' Information:- V B OVERSEAS PRIVATE LIMITED [Active] CIN = U28995DL1996PTC077049

Company & Directors' Information:- J N OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060359

Company & Directors' Information:- V C OVERSEAS PRIVATE LIMITED [Active] CIN = U51900DL2007PTC166741

Company & Directors' Information:- T M K OVERSEAS LIMITED [Strike Off] CIN = U51223KL1992PLC006416

Company & Directors' Information:- V E OVERSEAS PVT LTD [Strike Off] CIN = U31909DL1981PTC011849

Company & Directors' Information:- S R D OVERSEAS PRIVATE LIMITED [Active] CIN = U52209DL2008PTC178806

Company & Directors' Information:- C M D OVERSEAS PVT LTD [Active] CIN = U74899DL1995PTC073068

Company & Directors' Information:- M B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061016

Company & Directors' Information:- B G OVERSEAS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1990PTC038859

Company & Directors' Information:- M N OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC099257

Company & Directors' Information:- R L K OVERSEAS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1991PTC043115

Company & Directors' Information:- J S R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52399DL2009PTC190839

Company & Directors' Information:- K D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1982PTC013342

Company & Directors' Information:- S S B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74120WB1997PTC086041

Company & Directors' Information:- C J OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC045545

Company & Directors' Information:- A AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1992PTC048780

Company & Directors' Information:- V & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC186537

Company & Directors' Information:- P G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1982PTC013479

Company & Directors' Information:- S N OVERSEAS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC150004

Company & Directors' Information:- D. T. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U36911UP1996PTC020289

Company & Directors' Information:- A R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036343

Company & Directors' Information:- T D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52590DL2013PTC257410

Company & Directors' Information:- V K OVERSEAS PVT LTD [Strike Off] CIN = U18209CH1990PTC010214

Company & Directors' Information:- J B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U17220DL1983PTC016197

Company & Directors' Information:- K H OVERSEAS PVT LTD [Strike Off] CIN = U51496CH1989PTC009704

Company & Directors' Information:- A. A. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909PB2008PTC032010

Company & Directors' Information:- Z H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC155819

Company & Directors' Information:- E B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC157263

Company & Directors' Information:- A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC271288

Company & Directors' Information:- S H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC116516

Company & Directors' Information:- S D S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC249539

Company & Directors' Information:- L T OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2014PTC272665

Company & Directors' Information:- R P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC108954

Company & Directors' Information:- S V OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52100DL2013PTC258278

Company & Directors' Information:- T & Y OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51505HR2012PTC047468

Company & Directors' Information:- G R D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U80301HR2012PTC046968

Company & Directors' Information:- T & T OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51900GJ2015PTC083022

Company & Directors' Information:- S K P OVERSEAS PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC076553

Company & Directors' Information:- P R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U27310GJ2014PTC079227

Company & Directors' Information:- G T C OVERSEAS PVT LTD [Strike Off] CIN = U18101PB1993PTC013743

Company & Directors' Information:- JINDAL AND JINDAL PRIVATE LIMITED [Strike Off] CIN = U31200UR1975PTC004130

Company & Directors' Information:- D AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18109DL1989PTC038623

Company & Directors' Information:- B G S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101PB2007PTC031400

Company & Directors' Information:- I P S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U63030DL1976PTC008356

Company & Directors' Information:- INDIA AND OVERSEAS CORPORATION LIMITED [Dissolved] CIN = U99999MH1947PTC005626

Company & Directors' Information:- JINDAL (INDIA) LIMITED [Strike Off] CIN = U74900DL1968PLC004852

    CM (M). No. 54 of 2020

    Decided On, 04 February 2020

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE PRATHIBA M. SINGH

    For the Petitioner: Sandeep Bajaj, Aakanksha Nehra, Parag Rai, Advocates. For the Respondent: Bhagat Singh, Advocate.



Judgment Text


(Oral)

CM APPL. 2350/2020 (exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

CM (M) 54/2020

2. The name of ld. counsel for the Respondent has been mentioned in the memo of parties. Ld. counsel for the Petitioner agrees to delete his name and file the amended memo of parties within one week.

3. Suit for recovery under Order XXXVII CPC was filed by the Plaintiff - M/s. Pradyuman Overseas Ltd. (hereinafter, “Decree Holder”) against Mr. Sanjeev Jindal (hereinafter, “Judgment Debtor”). Vide judgment dated 23rd May, 2013, the suit was decreed in favour of the Plaintiff. The operative portion of the judgment reads as under:

“23. The defence raised in the leave to defend application is indeed a moonshine and vexatious. The defendant is thus not entitled to leave to defend and his application therefor is dismissed.

24. Though the defendant had in the document dated 25th June, 2010 acknowledging liability agreed to pay interest @ 18% per annum but still I am not inclined to grant interest on the said rate for the period during the pendency of the suit.

25. Axiomatically, a decree is passed in favour of the plaintiff and against the defendant for recovery of Rs.44,31,978.02 together with interest on the principal amount of Rs.41,66,895/-@ 9% per annum being the average rate at which interest is paid by Nationalized Banks on fixed deposits, from the date of institution of the suit and till three months after the date of this decree and with future interest thereafter @ 18% per annum.

26. The plaintiff shall also be entitled to costs of this suit as per schedule. Decree sheet be drawn up.”

4. The Decree Holder, thereafter, filed the execution petition in the year 2015. The same is pending before the Executing Court. In the execution proceedings, after a lapse of a considerable period, the Judgment Debtor filed an application under Order XXI CPC claiming that a settlement has been entered into by which the decree has been satisfied. In the said application, the Executing Court passed an order directing framing of an issue and listed the matter for recording the evidence of the parties. The operative portion of the impugned order dated 2nd November, 2019 is set out herein below:

“3. Counsel for DH has argued that the present application u/O 21 CPC is not maintainable at this stage of the matter since firstly it is not within the limitation period as prescribed under Article 125 of the Limitation Act which stipulates that any adjustment or satisfaction of the decree has to be recorded by the court within 30 days from the date of payment. Secondly, he has argued on the maintainability of this application on the ground that the JD has not made the payment as per mandate of Order 21 Rule 1 CPC as he has neither deposited the payment in the court nor he has sent any money order or bank draft to the DH. This court does not agree with the contention of the DH regarding payment as per mandate of Order 21 Rule 1 CPC, as pointed out by the counsel for DH since as per Order 21 Rule 1 (b) CPC, the payment could have been made by the JD “by any other mode wherein payment is evidenced in writing". The JD alongwith the present application has placed on record the photocopy of the settlement allegedly reached between the parties, which is disputed by the DH. But, the perusal of the settlement deed dated 06.06.2016, shows the signatures of the Directors of the DH company on the said settlement, hence, in this background of the case, the court deem it appropriate to invoke its powers u/s 47 CPC which envisages that any question relating to discharge or satisfaction of the decree shall be determined by the executing court. The issue of execution of compromise deed dated 06.06.2016, between the parties cannot be decided without leading evidence by the parties to this effect. Similarly, the issue of limitation raised by the DH shall also be decided after the evidence of both the parties on the compromise deed dated 06.06.2016.

4. In view of aforesaid discussion, the following issue is hereby framed: -

“Whether the parties have entered into the compromise by virtue of settlement deed dated 06.06.2016? OPJD

5. Put up for evidence of the JD, on 17.01.2020.”

5. The matter is stated to be now adjourned to 20th March, 2020. The contention of ld. counsel for the Decree Holder is that the Judgment Debtor has chosen to move this application and rely upon the alleged settlement agreement dated 6th June, 2016 only on 7th December, 2018, by means of the application. For more than 2 years, the Judgment Debtor did not seek to place the alleged settlement on record and the original settlement is also stated to not be available with the Judgment Debtor. It is, thus, prayed that the entire intention of the Judgment Debtor, in relying upon the settlement dated 6th June, 2016, is merely to delay the execution and nothing more. It is further apprehended that the framing of issues and recording of evidence would delay the execution proceedings further, especially when the said application is time-barred.

6. On the other hand, ld. counsel for the Judgment Debtor submits that the settlement agreement has been signed by the same person i.e., Mr. Bhaskar Kedia, who is a signatory in the execution petition, as also in the suit. It is therefore argued that this settlement was well within the knowledge of Mr. Bhaskar Kedia. The original settlement agreement was misplaced by the Judgment Debtor and hence, there was delay in placing the same on record. In any event, the original settlement is not traceable so he will be leading secondary evidence to prove the settlement.

7. The first and foremost question is whether the settlement agreement has to be proved on record by the Judgment Debtor and if so, in what manner. In the execution petition, if the decree/judgment has been partly or wholly satisfied, the Judgment Debtor would be entitled to rely upon such settlement, in accordance with law. Usually, it is expected that the Judgment Debtor would, upon receipt of the execution petition, respond by contending that either the whole or part of the decree has been satisfied. In this case the Judgment Debtor, certainly delayed the filing of the application under Order XXI CPC. The further question as to whether the application is barred by limitation would have to be considered and adjudicated by the Executing Court.

8. Insofar as the recording of evidence is concerned, the case of the Judgment Debtor is that the original agreement has been misplaced and is not available with the Judgment Debtor. The Judgment Debtor therefore wishes to lead secondary evidence. As the decree of May, 2013 is yet to be executed, it is directed that the Judgement Debtor shall lead evidence on the next date fixed by the Executing Court i.e., 20th March, 2020.

9. If the Judgment Debtor wishes to file the affidavit/s of any person for proving the settlement agreement, the same shall be placed on record on or before 11th March, 2

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020. The witness/es shall be produced before the Executing Court on 20th March, 2020 and their oral statement shall be recorded expeditiously. 10. The next grievance of the Decree Holder is that despite specific directions on 17th January, 2020 to the Judgment Debtor to file the list of movable and immovable assets, the same has not yet been done. It is made clear that prior to the next date before the Executing Court i.e., 20th March, 2020, the Judgment Debtor shall disclose his complete list of movable and immovable assets. It is directed that the execution petition be disposed of as expeditiously as possible. 11. Parties shall appear before the Executing Court on 20th March, 2020. With these observations, the petition and all pending applications are disposed of.<
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