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IN THE COURT OF THE ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE AT BENGALURU

EXECUTION CASE No. / 2019

UNDER ORDER XXI RULE 11 OF THE CODE OF CIVIL

PROCEDURE

DECREE HOLDER’S NAME: Dr.HARISH KUMAR .H

NUMBER OF CASE : C.C.NO.26415/2017

DECREE HOLDER : Dr.HARISH KUMAR .H

S/O. HALANAIK
AGED ABOUT 42 YEARS
R/AT.G-3/11,PLATIMUM CITY
HMT MAIN ROAD
GORAGUNTEPLAYA
YESHWANTHPURA
BENGALURU-560 022.

JUDGMENT DEBTOR : NILKANT BHIMA SING PAWAR

S/O. BHIMSI PAWAR
AGED ABOUT 38 YEARS
R/AT. NO.72/215, NEAR
BHUMIPURUSH
DEVASTAN PATNEM
– COLOMB
CANACONA-403702
SOUTH GOA

ALSO R/AT.
NILKANT BHIMA SING PAWAR
S/O. BHIMSI PAWAR
AGED ABOUT 36 YEARS
AT GANI, POST GANI
BASAVAN BAGEWADI TALUK
BIJAPUR-586 201.

NO. & ORDER OF DECREE: TRIAL COURT HIGH COURT

C.C.No.26415/2017 ----
DD. 08.12.2018 ----

WHETHER ANY APPEAL HAS

BEEN PREFERRED FROM
THE DECREE : NO

PAYMENT OR ADJUSTMENT
MADE IF ANY : NO
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PREVIOUS APPLICATION IF
ANY WITH DATE & RESULT : NO

AWARD AMOUNT : Rs.12,50,000/-

INERTEST ON THE PRINCIPLE

AMOUNT : NO

COSTS AWARDED IN THE SUIT : NO

COSTS OF THE APPEAL COURT :

HIGH COURT COSTS :

COSTS OF COPIES : Rs. 100/-

PREVIOUS EXECUTION COSTS :

PRESENT EXECUTION COSTS :

ADVOCATE’S FEE : Rs. 7,500/-

------------------------------------------
-
Total Rs.12,57,600/-
------------------------------------------

AGAINST WHOM TO BE
EXECUTED : The Judgment Debtor

MODE IN WHICH THE

ASSISTANCE OF THE (1) Wherefore the decree holder that
COURT IS SOUGHT : this Hon’ble court be pleased to
Recovery the awarded amount
from the judgment debtor in view
of the order passed by the XII
Addl. Chief Metropolitan
Magistrate Court, Bengaluru in
C.C.No.26415/2017 on
08.12.2018 and in view of the
order passed by the XII Addl.
Chief Metropolitan Magistrate
Court at Bengaluru in Criminal
Miscellaneous No.2765/2019 in
the interest of justice and equity.

(2) Arrest of judgment debtor and

detain in the civil prison

(3) Attachment and sale of schedule

moveable and immoveable property

ADVOCATE FOR DECREE HOLDER DECREE HOLDER

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VERIFICATION

I, Dr.Harish Kumar .H S/o. Halanaik, Aged 42

Years, R/at. G-3/11, Platimum City, HMT Main

Road, Goraguntepalya, Yeshwanthpura, Bengaluru-

560 022, do hereby state that the statement made

above are true and correct to the best of my

knowledge, information and belief.

BENGALURU

DATE: DECREE HOLDER

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IN THE COURT OF THE ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE AT BENGALURU

EXECUTION CASE No. / 2019

BETWEEN:-

DR. HARISH KUMAR DECREE HOLDER

A N D:-

NILKANT BHIMA SING PAWAR JUDGMENT DEBTOR

AFFIDAVIT

I, Dr.Harish Kumar .H S/o. Halanaik, Aged 42 Years,

R/at. G-3/11, Platimum City, HMT Main Road,

Goraguntepalya, Yeshwanthpura, Bengaluru-560 022,

do hereby solemnly affirm and state on oath as follows:-

1 I submit that I am the decree holder in the

accompanying case. I am fully conversant with the facts

of the case.

2. I submit that I have filed C.C.No.26415/2017 before the

XII Additional Chief Metropolitan Magistrate Court at

Bengaluru based on the cheque bearing No.171266,

dated: 30.06.2017 for a sum of Rs.12,50,000/- (Rupees

Twelve Lakhs Fifty Thousand only) issued by the

judgment debtor. I submit that, I submit that, I and

judgment debtor have filed joint memo before the said

Court and I and judgment debtor have got settled an

amount of Rs.12,50,000/- and accordingly, the Learned

Trial Judge had passed that, if the judgment debtor has

failed to pay the settled amount in instalments basis,

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then the decree holder is at liberty to file criminal

miscellaneous petition Under Section 421 of Cr.P.C.,

and accordingly, I have filed Criminal Miscellaneous

Petition before the XII Additional Chief Metropolitan

Magistrate Court at Bengaluru and which came be

numbered as Criminal Miscellaneous No.2765/2019 and

wherein the Learned Trial Judge had ordered that, by

set up liberty of the decree holder to file execution

petition before the competent Court for recover settled

an amount of Rs.12,50,000/-. I submit that judgment

debtor has not complied the order passed by the

Learned Trial Judge. Hence, I have filed the

accompanying case.

WHEREFORE, it is respectfully prayed that this Hon’ble

court may be pleased to issue arrest warrant against the

judgment debtor for recovery of money in the interest of

justice and equity.

BENGALURU.

DATE: DEPONENT

IDENTIFIED BY ME

ADVOCATE

NO. OF CORRECTIONS:
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IN THE COURT OF THE ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE AT BENGALURU

EXECUTION CASE No. / 2019

BETWEEN:-

DR. HARISH KUMAR DECREE HOLDER

A N D:-

NILKANT BHIMA SING PAWAR JUDGMENT DEBTOR

I N D E X

SL NO. PARTICULARS PAGE

NO.

01 EXECUTION PETITION FILED UNDER ORDER XXI

RULE 11 OF THE CODE OF CIVIL PROCEDURE -

02 AFFIDAVIT -

03 CERTIFIED COPY OF THE ORDER SHEET

IN C.C.NO.26415/2017 -

04 CERTIFIED COPY OF THE ORDER SHEET

IN CRIMINAL MISCELLANEOUS NO.2765/2019 -

04 VAKALATH -

05 PROCESS MEMO -

06 JUDGMENT DEBTOR COPIES -

BENGALURU.

DATE: ADVOCATE FOR DECREE HOLDER

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IN THE COURT OF THE ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE AT BENGALURU

EXECUTION CASE No. / 2019

BETWEEN:-

DR. HARISH KUMAR DECREE HOLDER

A N D:-

NILKANT BHIMA SING PAWAR JUDGMENT DEBTOR

PROCESS MEMO

Whereas, in the above execution petition prays that this

Hon’ble Court to issue notice to judgment debtor

through Court and as well as through RPAD to the both

the address of the judgment debtor at GOA and Gani

Post, Basavan Bagewadi Taluk, Bijapur. Hence,

necessary process fee of Rs.32 along with four RPAD

covers furnished herewith for kind perusal and suitable

orders.

BENGALURU

DATED: ADVOCATE FOR DECREE HOLDER