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Application under rule 21, 37 and 38 consumer disputes act

BEFORE THE PRESIDING OFFICER, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST), SAINI ENCLAVE, DELHI

In Re:- Execution Petition No………..2011

Ajay Kumar Sharma D.H

Versus

Dell India Pvt Ltd & Ors J.D.

APPLICATION UNDER ORDER 21 RULE 37 & 39 READ WITH SECTION 51, 55, AND 151 C. P.C. 1908 FOR ARREST OF THE JUDGEMENT DEBTOR AND DETENTION OF THE DUDGEMNET DEBTOR IN CIVIL PRISION

Most Respectfully showeth:-

1. The Award / Decree holder , Sh Ajay Kumar Sharma, is a lawful and peace abiding citizen of India.

2. That the D.H. had filed a consumer complaint no. 305/10 against opposite parties no.1 -3 and the Hon’ble Court was pleased to pass the award ex-parte in favor of the D.H. on 16/08/10.

3. That the judgement debtor has failed to abide by the decree and has not paid the dues.

4. That the J.D. is a multi-national company, having its various offices at delhi and other cities of India and is in the business of selling advanced Laptops but is intentionally avoiding to discharge the decree. That despite having means to pay the amount of decree the J.D. is not paying the amount due under the Decree.

5. That the J.D has the means to pay the amount of the decree and has intentionally neglected to pay the decretal amount and has no regards for the Order of the Court.

6. That due to utter disregard of and on failure to comply with the orders of the Hon’ble Court and due to J.D.’s Failure to make payment of the awarded amount despite having means to satisfy the decree / award, the D.H. has been constrained to approach this Hon’ble Court to order and direct that the J.D. may be arrested in execution of Decree award and before this Hon’ble Court so that further order for recovery of amount due / detention of J.D. in Civil Prison may be passed.

PRAYER:-

It is therefore most respectfully prayed before this Hon’ble Court that this Hon’ble Court be pleased to:-

1. Pass an order directing the arrest of the J.D. and direct that the J.D. be prdduced before the Hon’ble Court so that amount is recovered of Order be passed against J.D. for his detention in civil prison.

2. Pass any other further order in the facts and circumstances of the case, which this Hon’ble Court deems fit and proper in the interest of the applicant as well as in the interest of justice.

Date: Application

Through

Place: Counsel

(Advait Gadadhar Law Firm)

Consumer Disputes Redressal Forum (form)

BEFORE THE PRESIDING OFFICER, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST) SAINI ENCLAVE, DELHI

IN RE:- ECECUTION PETITION NO……….

IN CASE NO.

DECIDED ON.

First Party D.H

Vs

Second Party J.D.

I …………………. The Award / Decree Holder, hereby for execution of the Award / Decree herein –below set forth:-

1.	Number of Suit
2.	Names of Parties	First Party Vs. Second Party
3	Date of Award/ Decree
4.	Whether any appeal preferred from decree	No/yes
5.	Payment or adjustment made, if any.	Rs. Nil
6.	Previous application, if any, with date and result	This is First/Second Application
7.	Amount with interest due upon the decree of other relief granted thereby together with particular of any cross-decree.
8.	Amount of costs, if any awarded.	Nil
9.	Against whom to be executed.
10.	Mode in which the assistance of the court is required.

The Hon’ble Court may be pleased to issue such orders as may be required for satisfaction of the award / decree, which this Hon’ble court may deem fit and proper in the circumstances of the case.

Date:

Through

Place: Counsel

( Advait Gadadhar Law Firm)