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Petition to arrest the defendant before judgment

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Petition filed on behalf of the petitioner/Plaintiff under Or. 38 R.1 and 151 of CPC.

For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon’ble Court may be pleased to:

  • Issue a warrant for the arrest of the respondent/defendant before judgment,
  • Direct the respondent/defendant to show cause why she should not furnish security for her appearance,
  • And pass such other orders as the Hon’ble Court deems fit and proper in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Religion: Hindu, aged about 35 years, Occupation: Businessman, R/o 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. The defendant, Neha Sharma, borrowed an amount of ₹5,00,000/- from me on [insert date], and executed a pronote agreeing to repay the same with interest @ 12% p.a. on demand. Despite repeated demands, the defendant has failed to repay the loan and has been making false promises and excuses.
  3. I have come to know that the defendant is trying to leave India and settle with her son in America with an intention to evade repayment of the loan and to defeat the execution of any decree that may be passed in my favour. She has also applied for a visa, and her intention appears to be to abscond from the jurisdiction of this Hon’ble Court.
  4. Therefore, it is absolutely necessary to issue a warrant for her arrest before judgment and produce her before this Hon’ble Court to show cause why she should not be directed to furnish security for her appearance.
  5. Hence, I respectfully pray that the Hon’ble Court may be pleased to:
    • Issue warrant for arrest of the defendant before judgment,
    • Direct her to furnish security for appearance, and
    • Grant such other reliefs as are deemed fit in the interest of justice.

Else, I will be put to irreparable loss.

Deponent: Arjun Kumar

Solemnly affirmed and the contents of the affidavit read over to the deponent and explained in Telugu, and he admitted the contents to be true and correct, and he has signed before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate