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Note

Dear Ma’am,
The Decree you gave me is as follows “ KSB FIRM , registered as a LLP firm in
Delhi is ordered to be dissolved and rendering of accounts to Keerthilal, plaintiff,
one of the partners by Delhi Civil Court,

, I did my research and found out that this was a preliminary decree and in such a
case the order always states that ‘ this firm stands dissolved from so and so date,
and the accounts be rendered to so and so person. The court then orders for the
assets to be auctioned and sold and such funds to be deposited in court. This
preliminary decree cannot be executed by the plaintiff. The money is then
apportioned in the final decree which merges with the preliminary decree. Ma’am
with your permission I have drafted the final decree which apportions the money
obtained from the sale of assets, dissolution of the firm.

DECREE

It is ordered now that the fund now in court, amounting to the sum of Rs,1,00,000
( One Lakh only) , be applied as follows :-
1. In payment of the debts due by the partnership set forth in the certificate of
the Recovery Officer amounting in the whole to Rs 5000 ( Five Thousand
Only)
2. In payment of the costs of all parties in this suit amounting to Rs.10,000 (
Ten thousand only)
3. In Payment of the sum of Rs. 75,000 ( Seventy Five Thousand only) to the
plaintiff as his share in the partnership assets, of the the sum of 10,000 ( Ten
Thousand )being the residue of the said sum of Rs.1,00,000 , to the
defendant as his share of partnership assets
Also in my prayer I have asked the court to direct the registrar to pay the said
amount because in Chapter XXII of the Delhi High Court rules with regard to
payment of money, the following is said

The registrar and subject to his directions, any other officer of the court shall
receive all monies paid into the court and shall pay out all monies duly ordered to
be paid out of court. Also I found out that based on an order from the court with an
application presented to the Registrar, the money can be realized.
IN THE COURT OF CIVIL JUDGE CLASS-I at DELHI

Execution Petition of 69 OF 2018


In
Civil Suit of 256 of 2014
Keerthilal …… (Decree Holders)
V/s
KSB CATERING LLP. …… (Judgment Debtor)

THE DECREE HOLDER PRAYS FOR EXECUTION OF THE


DECREE/ORDER DATED 06/06/2017, THE PARTICULARS WHEREOF
ARE STATED IN THE COLUMNS HEREUNDER:-

1. No. of Suit Civil Suit No. 256 of 2014


2. Name of Parties Keerthilal
No.1 MG Road
Delhi -110012
… Plaintiff
V.
KSB CATERING LLP.
No.21 MG Road
Delhi-110012
… Defendant
3. Date of Decree/order of which September 28, 2017
execution is sought
4. Whether an appeal was filed NO
against the decree / order
under execution
5. Whether any payment has None
been received towards
satisfaction of decree-order
6. Whether any application was None
made previous to this and if so
their dates and results
7. Amount of suit along with Rs.75000 ( Interest at 6 percent, per
interest as per decree or any annum,since date of decree till
payment)
other relief granted by the
decree
8. Amount of costs if allowed by Rs 10000
Court
9. Against whom execution is Defendant
sought
10 In what manner court’s Payment of Money
assistance is sought

The Decree Holder Humbly Prays:


That this Honorable court may issue an order directing the Registrar to pay the
monies due to the Plaintiff.
Decree Holder
Verification:-
I, Keerthilal s/o Lal Bahadur aged about 40 years residing at No.1 MG Road Delhi
-110012 do hereby verify that the contents of this application are true to the best of
my knowledge and belief
Delhi
Dated: 12.12.2018

Signature of Decree Holder

Through

ɮ£
Advocate for the decree Holder
-

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