IN THE COURT OF MS. MANSI GAUR, CIVIL JUDGE JR.
DIVISION, GURUGRAM
IN THE MATTER OF:-
RAMBIR ……Decree Holder
VS
OMWATI ……Judgment Debtor
EXECUTION PETITION AGAINST SUIT FOR RECOVERY
ORDER DATED 22.02.2022
REJOINDER/ REPLY ON BEHALF OF DECREEHOLDER FOR
OBJECTION PETITION DATED 04.08.2023 FILED BY THE
JUDGEMENT DEBTOR
The Decree Holder respectfully submits as under:
Reply to Preliminary Objections/ Submissions
1. That the contents of Para No. 1 & 2 of preliminary
objections are wrong and denied, that the execution
petition is maintainable in the interest of justice and the
same is not filed in any violation of the Order 21 of CPC
as well as other provisions of CPC.
2. That the contents of Para No. 3 of preliminary objections
are totally wrong and denied and true facts are that the
Power of Attorney on behalf of Judgement Debtor was
filed on dated 20.07.2018 and the suit of recovery was
fixed for 21.09.2018 for written statement of Judgement
Debtor. Again, on dated 05.01.2019, the same case was
fixed for written statement but Judgement Debtor was not
filed any written statement on the said date. Then, the
Hon’ble Court of Ms. Mansi Gaur, Civil Judge (Jr.
Division), Gurugram on dated 05.01.2019 was given last
opportunity to Judgement-Debtor to file the written
statement and subject to cost of Rs. 500/- but very
surprisingly on dated 18.02.2019, neither written
statement was filed nor the cost was paid by the
judgement debtor. And, it is also pertinent to mention
here that none has appeared on behalf of the Judgement
Debtor/ Defendant. So, the Hon’ble Court declared
Judgement Debtor/ Defendant as exparte vide order
dated 18.02.2019. Copy of order dated 18/02/2019 is
also attached herewith as annexure-A. So, the question
of ex-parte decree was wrongly passed by Hon’ble
Court is totally wrong and denied because the Hon’ble
Court has given multiple opportunities to the
Judgement Debtor to represent herself before the
Hon’ble Court.
3. That the contents of the Para No. 4 of the preliminary
objections are also wrong and denied because the Decree-
holder tender sufficient ex-parte evidences in favour of
him before the Hon’ble Court.
ON MERITS
1. That the present objection petition filed by the Judgment
Debtor is not maintainable in the present form. The
Judgment Debtor is not approach the Hon’ble Court with
clean hands and the judgement debtor only wants to
linger on and escape from her liability in this matter. The
judgment debtor was very much aware with pendency of
the said suit and the exparte order against the Judgement
Debtor was not illegal and unlawful. So, The Judgement
Debtor is lawfully bound to fulfil her liability.
2. That the present execution petition is filed by the decree
holder against suit for recovery order dated 22.02.2022.
The true facts of the suit which is also mention in the suit
for recovery are as follows:
a. That the judgment debtor/defendant was in dire
need of money for fulfillment of some of her domestic
needs and therefore she approached Decree holder/
plaintiff for a friendly loan of Rs. 2,50,000/- in the
month of May 2016 and assured the Decree holder
that she will return all the money within 2 months.
b. That the decree holder/plaintiff with the genuine
desire to help the judgment debtor/ defendant in
time of her need gave a loan of Rs. 2,50,000/- in
presence of a mutual social persona namely Ashok
Kumar and the judgment debtor/ defendant
promised in front of him also that she will soon
return the money.
c. That after making a lot of requests and great
persuasion the judgment debtor/ defendant finally
issued a cheque bearing No. 081090 dated 30-08-
2016 for Rs. 2,50,000 (Rs. Two Lakh Fifty thousand
only) drawn on ICICI Bank, Sohna Branch, Alwar
Road, Opposite Sohna Bus Stand, Gurugram-
122103, Haryana, which was dishonoured upon
presentation.
d. That the Decree holder/ plaintiff immediately
informed the judgment debtor/ defendant about the
dishonour of the cheque and called her to make the
payment.
e. That the judgment debtor/ defendant requested the
Decree holder/ plaintiff to give her some more time
as she is soon expecting money and that accordingly
she will discharge all her liability towards the decree
holder/ plaintiff
f. That with utmost honest and hopeful intention of
maintaining a cordial relation with the judgment
debtor/ defendant, the decree holder/ plaintiff
waited for another two months with the hope that
the judgment debtor/ defendant will surely return all
his money.
g. That the judgment debtor/ defendant on one pretext
or another kept on ignoring and after some time she
blatantly refused and remarked “main nahi deti
paise jo karna hai karlo. Thereafter, decree holder/
plaintiff realized that she has no intention of
returning money nor or in future.
h. That a complaint under Section 138 NI was filed but
same was dismissed due to delay in sending the
legal notice. Since, judgment debtor/ defendant
refused to accept the legitimate request of the decree
holder/ plaintiff. Therefore the suit for recovery had
filed on dated 12.01.2018.
It is therefore prayed that the Hon’ble Court keeping in view
of above said submissions may be pleased:
1. To reject/ dismiss the objection petition filed by the
judgement debtor on dated 04.08.2023.
2. To pass the order of amount of Rs. 2,50,000/- (Two
lakhs and fifty thousand only) with interest @6% p.a.
from the date of institution of the present suit till date
towards arrears of awarded amount besides Rs.
25,000/- as litigation expenses along with this
execution petition may kindly be ordered to be
recovered from the Respondent/JD by way of issuing of
the warrants of attachment and sale of the movable and
immovable properties of the Respondent/ JD in open
auction restraining Respondent/JD from selling
property inherited by her as well as also by issuing of
the warrants of arrest in civil imprisonment and have
also passed order of struck off the defence of the
Respondent/JD in case of non-payment of awarded
amount passed by the Hon’ble Court.
3. To pass any other order or further order (s) as this court
may deem fit and proper in favour of Decree holder and
against the Judgment Debtor in the interest of justice.
Gurugram
Dated:
Petitioner/Decree Holder
Rambir S/o Shishpal,
R/o H.No. 480 (old), 29(new)
VPO Kasan, Manesar,
Gurugram, Haryana
Through counsel
Advocate Gunjan Bhardwaj
District and Sessions Court,
Gurugram
IN THE COURT OF MS. MANSI GAUR, CIVIL JUDGE
JUNIOR DIVISION, GURUGRAM
IN THE MATTER OF:-
RAMBIR V/S OMWATI
AFFIDAVIT IN SUPPORT OF REJOINDER
I, Rambir S/o Shishpal, R/o H.No. 480 (old), 29(new) , VPO
Kasan, Manesar, Gurugram, Haryana, do solemnly affirm and
declare as under:-
1. That the accompanying rejoinder has been prepared under
my instructions and I am well conversant with all the facts
and circumstances of the case and I am also competent to
swear the present affidavit.
2. That the contents of the rejoinder of the accompanying
rejoinder are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declared that this
affidavit of mine is correct and true, no part of it is false and
nothing material has been concealed therein.
DEPONENT
VERIFICATION:
Verified at Gurugram on this ____ day of ______, 2023 that the
contents of above affidavit are true and correct to the best of my
knowledge and belief and nothing material has been concealed
therefrom.
DEPONENT
