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2025 Supreme(Online)(Del) 10434

IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJSHREE JAJOO VS. HERO FINCORP LIMITED
O.M.P. (ENF.) 2/2025



$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI EX.APPL.(OS) 1724/2025 IN + O.M.P. (ENF.) 2/2025 RENU JAIN & ORS. .....Decree Holders Through: None.

versus SMT KAMLAWATI JAIN THROUGH HER LRS &

ORS. .....Judgement Debtors Through: Mr. Ashu Bidhuri, Mr. Swapnam Prakash Singh, Ms. Shabana Hussain, Mr. Nisar Malik and Mr. Shivam Sharma, Advocates for applicant/D-3.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 27.11.2025 EX.APPL.(OS) 1724/2025 (seeking stay/ status quo)

1. This application has been filed on behalf of the judgment debtor no.3 seeking a stay against the judgment debtor no.2 on any proposed sale/ alienation of the properties arising out of Arbitral Award dated 30th March, 2017, which is subject matter of the present petition.

2. The present petition seeks enforcement of Arbitral Award dated 30th March, 2017 passed by the Sole Arbitrator.

3. It is stated that multiple movable and immovable properties are subject matter of the Award.

4. It is submitted that during the pendency of the present execution petition, it has come to the knowledge of the judgment debtor no.3 that the judgment debtor no.2 is attempting to alienate the subject properties.

5. Attention of the Court has been drawn to the Arbitral Award. Findings in the Award in paragraph 131(d) are set out below:

6. It is submitted that on 10th October, 2025, the judgment debtor no.3 received a communication from the Office of the Sub-Registrar informing him that one of the shareholders is proposing to sell his 1/5th share in the aforesaid property bearing Shop No. 315, Gali Chapa Khana Wali, Sadar Bazar, Delhi.

7. Thereafter, an objection was filed on behalf of the judgment debtor no.3 to the concerned Sub-Registrar, who expressed his inability to withhold the proposed sale.

8. It is submitted that any sale/ transfer/ alienation/ creation of third- party rights in any of the subject properties would prejudice the rights of the remaining parties and would hinder the enforcement of the Award.

9. None appears on behalf of the decree holders and the judgment debtor no.2 despite advance service.

10. Issue Notice.

11. Notice be issued to the decree holders and the judgment debtor no.2 through counsel and to the remaining judgment debtors through all permissible modes.

12. Reply(ies) be filed within four (4) weeks.

13. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

14. Based on the aforesaid narration of facts, a prima facie case has been made out on behalf of the judgment debtor no.3.

15. Accordingly, till the next date of hearing, the parties shall maintain status quo with regard to title and possession in respect of the properties which are subject matter of the aforesaid Arbitral Award.

16. Compliance under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908, shall be done within three (3) days.

17. List on 16th February, 2026, the date already fixed.

AMIT BANSAL, J NOVEMBER 27, 2025 Rzu

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