$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 91/2024 CM APPL. 41374/2025 CM APPL.

41375/2025, CM APPL. 78099/2025 SUNIL KUMAR SHARMA .....Appellant Through: Mr. Atul Sahi and Ms. Tanvi Singh, Advs. versus SUSHILA SHARMA AND OTHERS .....Respondents Through: Mr. Pratap Ranjan Sahani and Ms.

Shahing, Advs. for R1 CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON’BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 10.12.2025 CM APPL. 77999/2025

1. This application has been filed by the appellant with the following prayers:-

“i) Stay the effect and operations of impugned order and judgment dated 31.10.2023 passed by the court of sh. Sanjeev Aggarwal, DJ (Comm)-02,Patiala House Court, New Delhi in OMP (Comm) 4912022 titled as "Sunil Kumar Sharma Vs. Sushila Sharma & Ors.";

ii) Stay the operations of execution proceedings bearing no. 6212023 titled as "sushila Sharma Vs. Bhardwaj Enterprise & Ors." pending before Sh. GN Pandey, Ld. DJ (Comm), Karkardooma District Courts, New Delhi;”

2. Learned counsel for the appellant fairly states that there is already an order passed by this Court on 15.05.2024, which reads as under:-

“CM APPL. 29204/2024 [Condonation of delay in refiling the appeal]

1. For the reasons stated in the application, the same is allowed.

2. The application is disposed of.

CM APPL. 29201/2024 & CM APPL. 29203/2024 [Exemptions]

3. Exemptions are allowed, subject to all just exceptions.

4. The applications are disposed of.

CM APPL. 29199/2024 [For filing the lengthy synopsis]

5. For the reasons stated in the application, the same is allowed.

6. The application is disposed of.

CM APPL. 29202/2024 [Seeking permission to place on record the statements of bank account]

7.This is an application filed by the appellant for taking on record the statements of his bank account. 8. We do not find any ground to allow filing of any additional documents at this stage. The appellant was called upon by the Arbitral Tribunal to produce its audited accounts. Admittedly, the appellant had failed to do so. It is apparent that the appellant is now attempting to place the statements of his bank account on record to suggest that no adverse influence is warranted.

9. The application is accordingly dismissed.

FAQ (COMM) 91/2024

10. Issue notice.

11. The notice shall go by speed post. Dasti in addition. Dasti notice shall be served in person. An affidavit of service be filed before the next date of hearing.

12. List on 02.08.2024.

CM APPL. 29198/2024 [Stay]

13. The principal contention advanced on behalf of the appellant is that the Arbitral Award is based on no evidence. However, it is seen that the appellant had not produced the books of accounts even though a specific request to the said effect was made by respondent/claimant. The Arbitral Tribunal has, thus, assessed the profit at 10% of the turn over as against the respondents claim of 15% to 20 % on monthly sales.

14. In view of the above, we are not inclined to grant an unconditional stay of the impugned award.

15. Subject to the appellant depositing the entire awarded amount (with up-to-date interest) with the registry of this Court within a period of three weeks from date, the impugned award is stayed.

16. The application is disposed of in the aforesaid terms.

CM APPL. 29200/2024 [For calling of Trial Court Record]

17. Let a digital copy of learned Trial Court Record be placed on record before the next date of hearing.

18. The application is disposed of.”

3. The aforesaid order according to him direct the deposit of the entire awarded amount with upto date interest within a period of three weeks from that date and on such deposit, the impugned award was stayed. Learned counsel for the appellant concedes the amount has not been deposited till date. He makes an oral request that time be granted to deposit the entire decretal amount as directed by this Court vide order dated 15.05.2024.

4. Noting the submission and after hearing the counsel for the parties, this Court is of the view that the entire decretal amount as d