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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA, J.
Soni Dave – Appellant
Versus
Trans Asian Industries Expositions Pvt. Ltd. - Respondents
CM(M) 627 of 2023 & CM APPL. 19451 of 2023
Decided on : 20-04-2023
Fact of the Case:
The petitioner sought direction for expeditious disposal of an execution petition pending since 2016.Finding of the Court:
The court directed the Executing Court to dispose of the execution petition within eight weeks from the date of the judgment.Issues:
Delay in executing a petition despite previous directions and consent order.Ratio Decidendi:
Emphasizing expeditious disposal as per legal provisions and prior directives.Final Decision:
The court directed the Executing Court to dispose of the execution petition within eight weeks from the date of judgment.Based on the provided legal document, the key points are as follows:
The court emphasized the importance of expeditious disposal of execution petitions, in accordance with legal provisions and prior directives [judgement_subject][judgement_act_referred].
The petitioner sought a direction for the swift disposal of an execution petition that has been pending since 2016, highlighting delays in the execution process (!) .
Previous court orders had directed the executing court to complete the proceedings within a specified timeframe, and the petitioner’s counsel confirmed that the respondent had no objection to a timely disposal [11000745010001][11000745010002].
Despite these directions, the execution proceedings have been delayed significantly, with the process moving at a very slow pace, rendering the earlier orders ineffective [11000745010004].
The court referred to a relevant circular that mandates appearance by opposite parties on the first date of listing and allows the court to pass orders if the opposite party does not appear after service of notice (!) (!) .
The court directed the executing court to dispose of the pending execution petition within a maximum period of eight weeks from the date of the order (!) .
The court also considered the convenience of the parties and directed that the hearing in the execution petition, initially scheduled for a later date, be advanced to an earlier date, preferably to coincide with a scheduled hearing in another suit [11000745010012][11000745010013].
The order was issued to ensure the expeditious disposal of the execution proceedings, and copies of the order were to be sent to the respondents and the executing court (!) (!) (!) .
These points encapsulate the court’s focus on prompt resolution of pending execution matters, adherence to procedural directives, and the importance of avoiding unnecessary delays.
JUDGMENT :
Tushar Rao Gedela, J.
Petitioner seeks direction from this Court to the learned Executing Court to expeditiously dispose of the execution petition which is pending since 2016.
2. Learned counsel appearing for the petitioner draws attention of this Court to the order dated 27.05.2021. passed by the Court in CM (Main) 216/2021 titled ‘G S Berar And Co. Pvt. Ltd. v. Trans Asian Industries Expositions Pvt. Ltd.’ whereby this Court had directed the executing Court to complete the execution proceedings as per law and dispose of the same within three months from 15.07.2021.
3. Learned counsel submits this was a consent order whereby the learned counsel appearing for the respondent had categorically submitted that he has no objection in case the said execution petition is disposed of as per law, in a time bound manner.
4. Learned counsel appearing for the petitioner submits that despite the aforesaid direction as also the no objection given by learned counsel appearing for the respondent, the executing court has not been able to dispose of the execution petition within the time as stipulated in the order dated 27.05.2021.
5. In fact, learned counsel appearing for the petitioner submits that despite passage of almost two years, the executing proceedings are moving at a snails pace. He further submits that the manner in which the execution petition is proceeding, the directions in the order dated 27.05.2021. have been rendered nugatory.
6. Learned counsel requests that the learned Executing Court be directed to dispose of the execution petition bearing No. 3082/2016 expeditiously.
7. Learned counsel appearing for the petitioner also submits that advance notice in terms of the directions of this Court, has already been served upon the learned counsel appearing for the respondent, which is at page 92 of the present petition.
8. This Court proceeds to dispose of the instant petition in accordance with Delhi High Court Circular No. 69/Rules/DHC dated 05.12.2019., which reads as under:—
(a) Where a Civil Miscellaneous (Main) Petition under Article 227 of the Constitution of India or Civil Revision Petition under Section 115 of the Civil Procedure Code, 1908 is filed, any opposite party desiring to oppose any of the prayers made in such petition or in any interim application accompanying such petition shall appear personally or through counsel to make submissions as he/she may desire before the Court.
(b) In case any opposite party does not appear before the Court upon advance service of the petition, the Court may not issue any further notice to such opposite party and may pass any order(s) as it may deem fit and proper in the facts and circumstances of the case.”
9. This Court has heard the learned counsel appearing for the petitioner as also perused the order dated 27.05.2021. passed by this Court in CM (Main) 216/2021.
10. The ratio laid down by the Hon'ble Supreme Court in ‘Rahul Shah v. Jinendra Kumar Gandhi’ reported in (2021) 6 SCC 418 also directed that the High Court, under its supervisory jurisdiction, must ensure that the pending execution petitions be disposed of expeditiously and wherever possible, within six months from the date of filing execution petition. In the present case, it is apparent that the execution petition was filed in the year 2016 and seven years have been already passed.
11. In view of the aforesaid observation, this Court deems it fit to direct the Executing Court to dispose of the Execution Petition 3082/2016 expeditiously, however, within a maximum period of eight weeks from today.
12. A copy of this order be sent to the respondents as well as to the Executing Court.
13. Learned counsel appearing for the petitioner informs that parties are appearing before the said executing court in an another suit on 25.04.2023. He further requests that the Executing Court be directed and accordingly, change the date of hearing in the present execution petition, which is stated to
: Emphasizing expeditious disposal of execution petitions as per legal provisions and prior directives.
The central legal point established in the judgment is the court's power to direct the executing court to expeditiously dispose of the execution petition and ensure compliance with previous court ord....
The court mandates expedited execution proceedings in compliance with the Supreme Court's directives to prevent delays caused by parties.
The Execution Court must dispose of the execution proceedings within six months from the date of filing, with the possibility of extension only by recording reasons in writing for such delay.
Execution petitions must be resolved within six months of filing to prevent undue delays in justice delivery.
The need for timely conclusion of execution proceedings as emphasized by the Hon’ble Supreme Court.
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