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Petition for set-off the decretal amount

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
E.A. No. 26/2025 in E.P. No. 30/2025 in O.S. No. 1024/2024

Neha Sharma

…Petitioner / Decree Holder (DHR)

Vs.

Arjun Kumar

…Respondent / Judgment Debtor (JDR)

Petition filed on behalf of the petitioner/DHR under Or. 21 R. 72 (2)  and 151 of CPC

The petitioner respectfully submits that for the reasons stated in the accompanying affidavit, the Hon’ble Court may be pleased to:

  • Set-off the decretal amount from out of the sale consideration in the auction, in the event the petitioner becomes the highest bidder, and
  • Pass such other orders as the Hon’ble Court deems fit and proper in the circumstances and 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
E.A. No. 26/2025 in E.P. No. 30/2025 in O.S. No. 1024/2024

Neha Sharma

…Decree Holder (DHR)

Vs.

Arjun Kumar

…Judgment Debtor (JDR)

Affidavit

I, Neha Sharma, D/o Rajesh Sharma, Hindu, aged about 33 years, Businesswoman, residing at H.No. 45, South Extension, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the Decree Holder in the above Execution Petition and the petitioner herein. I am fully acquainted with the facts of the case.
  2. I have filed E.A. No. 25/2025 seeking permission to participate in the auction of the E.P. schedule property fixed in E.P. No. 30/2025.
  3. In the event that I am declared as the highest bidder in the auction, I humbly submit that I may be permitted to set-off the decretal amount from out of the sale consideration payable for the said property.
  4. The set-off of the decretal amount is permissible under Order 21 Rule 72(2) of CPC and will avoid unnecessary monetary circulation and ensure speedy execution of the decree.
  5. Hence, I humbly pray that this Hon’ble Court may be pleased to allow the set-off of the decretal amount from the auction purchase price.

PRAYER

In view of the above, I respectfully pray that this Hon’ble Court may be pleased to:

  • Permit the set-off of the decretal amount from the auction sale consideration, if I am declared the successful bidder, and
  • Pass such other orders as deemed fit and proper in the interest of justice.

Deponent

Solemnly affirmed at New Delhi on this the 6th day of June 2025. The contents of this affidavit were read over and explained to the deponent in Telugu, and upon admission, she signed/thumb-marked in my presence.

Place: New Delhi
Date: 6th June 2025

Advocate