The court held that a petition under Section 9 CPC does not lie once an execution petition is filed by the decree-holder, as all rights are available in the execution petition. Consequently, the petition was declared infructuous and disposed of.
The petition was disposed of as infructuous.
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Versus
IWORID DIGITAL SOLUTIONS PRIVATE LIMITED & ORS.
..... Respondent
Through: Mr. Karan Luthra, Mr. Nikhil Kohli, Mr. Kushank Garg, Mr. Naman Gowda, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R
% 29.01.2024
JASMEET SINGH, J
JANUARY 29, 2024/NG
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2 issues framed by the court
Whether a petition under Section 9 CPC lies after filing an execution petition when all remedies are available therein.
Whether the existing petition becomes infructuous once an execution petition is filed by the decree-holder.
1 provisions across 1 enactments
Prayag Polytech Private Limited
IWORID Digital Solutions Private Limited
Jasmineet Singh
As recorded by the court registry
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