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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Dewan Chand Builders and Contractors - Appellant
Versus
Rayco Engineering Services - Respondent
CM(M) 754 of 2022 & CM Appl. 33597 of 2022, CM Appl. 33598 of 2022
Decided On : 01-08-2022
| Table of Content |
|---|
| 1. petition under article 227 against lower court orders (Para 1 , 2) |
| 2. discontent regarding amount calculation by adj (Para 3) |
| 3. liberty to contest calculations with no court view (Para 4 , 5 , 6 , 7) |
| 4. petition disposed of with no costs (Para 8) |
1. This petition, under Article 227 of the Constitution of India, is directed against orders dated 1st July, 2022 and 8th July, 2022, passed by the learned Additional District Judge (the learned ADJ) in Execution No. 107/18 (Rayco Engineering Services v. Dewan Chand Builders & Contractors).
2. A reading of the two orders indicates that, vide the order dated 1st July, 2022, the learned ADJ adjourned the proceedings to 8th July, 2022, and vide the order dated 8th July, 2022, he adjourned the matter further to 8th August, 2022.
3. There are certain observations contained in the order dated 8th July, 2022 regarding the calculation of the amount payable to the decree holder. Mr. Kang, learned Counsel for the petitioner (the judgment debtor) expresses reservations against the said calculation.
4. Inasmuch as the learned ADJ has merely adjourned the proceedings, albeit with the aforesaid observations, I do not deem it necessary to burden this Court by keeping this matter pending, especially as the jurisdiction being exercised by this Court is only under Article 227 of the Constitution of India.
5. As such, this petition is disposed of with liberty to the petitioner to, should, he have any dispute regarding the calculations contained in the orders dated 1st July, 2022 and 8th July, 2022, ventilate the said issue before the learned ADJ on the next date of hearing.
6. It would be open to the petitioner to urge, before the learned ADJ, the actual amount which, according to him, is payable to the respondent-decree holder.
7. This Court is not expressing any view in the matter. The learned ADJ would, no doubt, hear the petitioner on the aforesaid aspect before taking a final decision on the amount payable by the petitioner to the respondent. Needless to say, the respondent would also be at liberty to meet the submissions of the petitioner in that regard.
8. This petition stands disposed of in the aforesaid terms with no orders as to costs.
Dasti.
A court under Article 227 will not interfere in adjourned proceedings unless there are compelling reasons. The parties retain the right to resolve disputes before the original judge.
When an appeal lies against a decree in civil court, a petition under Article 227 is not maintainable, emphasizing the necessity to use available remedies.
The main legal point established in the judgment is that the availability of an appeal remedy under the CPC operates as a near total bar to the exercise of jurisdiction by the court under article 227....
The court emphasized the importance of respectful discourse in legal proceedings and criticized adverse remarks about Counsel's language as excessive, asserting that courts should avoid unnecessary s....
An arbitrator's costs can be challenged if deemed excessive, particularly when justified reasons for adjournments are presented.
The court affirmed that jurisdiction and suit valuations must be based solely on amended pleadings in accordance with procedural laws, rejecting external assertions not contained in the plaint.
The executing court is bound to execute a decree as it stands, and objections to its execution must be based on jurisdictional issues rather than claims of error in the decree's interpretation.
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
Repeated petitions under Article 227 intended to thwart execution process are deemed frivolous; execution petition maintainable if sufficient court fees paid.
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