Allowed

Indu Rohatgi and Anr. v. Sh Pawan Kumar Jain and Ors.

Delhi HC13 Nov 2024CM(M)/3818/2024

Case brief

AI extract

What is this about?

Petitioners, senior citizens, sought directions for expeditious disposal of a consent decree execution petition delayed by 8.5 years. The court directed the executing court to decide the petition expeditiously relying on Supreme Court directions, allowing the application subject to just exceptions.

What did the court decide?

Directed the executing court to decide the execution petition in the most expeditious manner.

Indu Rohatgi and Anr. Vs Sh Pawan Kumar Jain and Ors. — Execution and Attachment | Delhi HC (2024)

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$~92

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 3818/2024

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INDU ROHATGI AND ANR .....Petitioner

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Through: Mr. K. K. Rohatgi, Advocate.

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versus

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SH PAWAN KUMAR JAIN AND ORS .....Respondent Through: Advocate (Appearance not given)

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R % 13.11.2024

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CM APPL. 66375/2024 (exemption from filing certified copies

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etc.)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CM(M) 3818/2024

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By virtue of the present petition, the petitioner has made a prayer for issuing direction to the executing court to conduct the proceedings on a day to day basis and to decide the execution petition within a period of one month.

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The learned counsel submits that both the petitioners are senior citizens aged about 75 and 79 years respectively.

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The consent decree was passed in the year 2016 but decree has not been executed till date and there has been an inordinate delay of about 8.5 years in execution of the decree.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 12:59:42

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The learned counsel places reliance on “ Rahul S. Shah v. Jitendra Kumar Gandhi and Others (2021) 6 SCC 418” , to submit that as per directions of the Supreme Court, the executing court must dispose of the execution proceedings within a period of six months from the date of filing and which may be extended only by recording the reasons for such delay in writing.

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Even though, Court is not aware of the status of the board of the executing court, still bearing in mind the exceptional delay in the disposal of the execution application and the fact that the petitioners are senior citizens, the learned executing court is hereby directed to decide the execution petition in the most expeditious manner and also bearing in mind the directions passed by the Hon’ble Supreme Court in the case of Rahul S. Shah v. Jitendra Kumar Gandhi and Others (2021) 6 SCC 418.

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Learned counsels for the parties are requested to render their due co-operation to the executing court.

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Petition is accordingly disposed of.

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RAVINDER DUDEJA, J

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NOVEMBER 13, 2024/ sky

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 12:59:42

Indu Rohatgi and Anr. v. Sh Pawan Kumar Jain and Ors.

Case brief

What is this about?

What did the court decide?

Indu Rohatgi and Anr. v. Sh Pawan Kumar Jain and Ors.

Case brief

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