Neutral Citation Number 2023:DHC:2410

CM(M) 280/2023

Page 1 of 2

$~73

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Judgment delivered on: 29.03.2023

+

CM(M) 280/2023

DAVINDER KUMAR

..... Petitioner

versus

M/S IMAGINEARC INFRASTRUCTURE PVT LTD

..... Respondent

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

Advocates who appeared in this case:

For the Petitioner :

Mr. Rajat Arora and Ms. Mariya

Shahab, Advocates

For the Respondent :

, Advocate

CORAM:

JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

1.

The petitioner challenges the order dated 19.01.2023 passed in

Ex. (Comm) 13/2023 titled Davinder Kumar vs. Imaginearc

Infrastructure Pvt. Ltd, whereby the learned Executing Court had

refrained from issuing notice to the judgment debtor on the ground that

the statutory period of appeal had not lapsed as on that date.

[ The proceeding has been conducted through Hybrid mode ]

2.

Mr.

Rajat

Arora,

learned

counsel

appearing

for

the

petitioner/decree holder submits that there was no occasion for the

Digitally Signed

By:VINOD KUMAR

Signing Date:10.04.2023

15:18:54

Signature Not Verified

Neutral Citation Number 2023:DHC:2410

CM(M) 280/2023

Page 2 of 2

learned Executing Court to have delayed the issuance of notice to the

respondent/judgment debtor on the ground that statutory period of the

appeal has not lapsed yet.

3.

In view of the aforesaid, learned Executing Court is directed to

issue notice to the respondent/judgment debtor forthwith and proceed

with the execution proceedings in all earnest and in accordance with the

judgment of Hon’ble Supreme Court in Rahul S. Shah vs. Jinendra

Kumar Gandhi reported in (2021) 6 SCC 418.

4.

The learned Executing Court shall also keep in mind the time

frame as stipulated by the Hon’ble Supreme Court in the judgment of

Rahul S. Shah (supra) while conducting the execution proceedings.

5.

In view of the aforesaid, the petition is disposed of with no order

as to costs.

TUSHAR RAO GEDELA, J.

MARCH 29, 2023

Aj

Digitally Signed

By:VINOD KUMAR

Signing Date:10.04.2023

15:18:54

Signature Not Verified