OMP (ENF.) (COMM.) 127/2021

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$~21(Original Side)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

OMP (ENF.) (COMM.) 127/2021, EX.APPL.(OS) 1037/2021

& EX.APPL.(OS) 1254/2021

MOHAN INVESTMENTS AND PROPERTIES PRIVATE

LIMITED

..... Decree Holders

Through:

Mr. Neeraj Kishan Kaul, Sr.

Adv., Mr. Jayant K Mehta, Sr.

Adv.

with

Mr.

Hardeep

Sachdeva, Mr. Kamal Shankar,

Mr. Abhishek Awasthi, Mr.

Pradyumna

Sharma,

Mr.

Ramchandra, Ms. Shilpa Ohri,

Ms. Smiti Verma, Ms. Ira

Mahajan, Ms. Aarzoo Aneja,

Advs.

versus

SAI AAINA FARMS PRIVATE LIMITED AND ANR

..... Judgement Debtors

Through:

Mr. Vidit Gupta, with Mr. B.K.

Deka, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGEMENT (ORAL)

%

15.02.2022

(By Video-Conference on account of COVID-2019)

EX.APPL.(OS) 1254/2021 (under Order XXI, Rule 23(2), read with

Section 141 & 151 of CPC, 1908)

1.

This is an application preferred by the respondent/ judgment /

award debtors in OMP (ENF)(COMM) 127/2021, which has been

filed by the beneficiaries of an arbitral award, dated 23^rd November,

2019, casted consequent to arbitral proceedings between the award

holders and the award debtors, who would be referred to, for

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000716

OMP (ENF.) (COMM.) 127/2021

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convenience, as the petitioners and the respondents respectively.

2.

Notice was issued in the present execution petition, by this

Court, on 16^th August, 2021. On the said date, the respondents were

also directed to file affidavits of their assets on the date of cause of

action, the date of award, as well as on that date, i.e. 16^th August, 2021

in Form 16A, Appendix E under Order XXI, Rule 41(2) of the Code

of Civil Procedure, 1908, (CPC), before the next date of hearing.

3.

Subsequently, EA(OS) 1037/2021 was filed by the respondents,

seeking modification of the order dated 16^th August, 2021. In the said

application, the respondents categorically objected to the direction, by

this Court, to the respondents, to file their list of assets on the date of

cause of action, the date of award, as well as on 16^th August, 2021. A

modification of the order dated 16^th August, 2021, doing away with

the aforesaid requirement was, therefore, sought.

4.

The respondents also filed the present application EA(OS)

1254/2021, for dismissal of the present execution petition on the

ground of want of territorial jurisdiction. Prayer (c) in the present

application, specifically seeks that the present application be decided

before deciding EA(OS) 1037/2021. Today, too, learned Counsel for

the applicant/ respondents has reiterated the request that the present

application be taken up first and decided prior to EA(OS) 1037/2021.

5.

Accordingly, acceding to the request, this Court has heard

learned Counsel for both sides on the present application, i.e. EA(OS)

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000716

OMP (ENF.) (COMM.) 127/2021

Page 3 of 30

1254/2021. In view of the specific request by the applicant in this

application for deciding this application prior to EA(OS) 1037/2021,

which seeks modification of the order dated 16^th August, 2021, passed

by this Court, the present application has necessarily to be decided

assuming the order dated 16^th August, 2021, to be valid and binding.

6.

Mr. Vidit Gupta, learned Counsel appearing for the applicant in

the present application, submits that these execution proceedings are

bad for want of territorial jurisdiction, as the respondents have no

asset within the territorial jurisdiction of this Court and are not

resident or situated within the said territorial jurisdiction. He has

invited my attention to the addresses of the respondents, as provided in

the execution petition, which are at Gurgaon. He has also drawn my

attention, to Para 9 of the present application, which reads as under:

―9.

That it is a Fundamental Principle