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IN THE HIGH COURT OF DELHI AT NEW DELHI
JAIRAM BHAMBHANI
Daiichi Sankyo Company Limited – Appellant
Versus
Malvinder Mohan Singh – Respondent
JUDGMENT :
ANUP JAIRAM BHAMBHANI, J.
EX. APPL. (OS) 181/2024
1. By way of the present application filed under Order XXI Rules 58 & 59 read with section 151 of the Code of Civil Procedure 1908 ("CPC"), the applicant – M/s One Qube Realtors Pvt. Ltd. (formerly Ashkit Properties Ltd.) ("One Qube") – seeks stay, recall and/or modification of order dated 15.12.2023 made in the present proceedings. The applicant also seeks stay of Warrant of Sale of Property dated 18.01.2024 issued by the learned Civil Judge (Senior Division), Gurugram, Haryana pursuant to the aforesaid order based on a precept issued by this court under section 46 of the CPC in respect of property bearing Plot No. 20, Urban Estate, Sector-18, Gurugram, Haryana ("subject property"). At present, the subject property is a commercial building known as "One Qube."
2. Notice on this application was issued on 25.01.2024. Additional documents filed by the applicant in support of the application were taken on record vide order dated 14.02.2024.
3. Vide judgment dated 30.01.2024 passed by a Division Bench of this court in EFA(OS)(COMM) No. 2/2024, the sale of the subject property was restrained until disposal of the present applicatio
The court cannot attach property outside its territorial jurisdiction; a precept must be issued to the relevant jurisdiction for execution.
Attachment must comply with jurisdictional rules; absence qualifies as an irregularity, not an automatic nullity unless substantial injury is proven.
The main legal point established in the judgment is that under Order XXI Rule 32 C.P.C., the attachment of properties will automatically cease after six months unless the decree is satisfied or an ap....
Point of Law : Executing Court cannot go beyond the decree except when the decree is nullity or is without jurisdiction as Executing Court has no jurisdiction to modify the decree, but it has to exec....
Execution proceedings require proper pleadings to challenge maintainability; beneficial ownership must be established for enforcement of an arbitral award.
Execution of joint decrees remains valid even with subsequent transfers of interest by decree-holders, and a judgment-debtor cannot escape execution by claiming ownership.
The main legal point established in the judgment is that the claim petition under Order XXI Rule 58 of the Code cannot be entertained if it is made with the ulterior motive of defeating a decree obta....
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