Dismissed

Vinod Seth ( Deceased) through His Legal Heirs Kunal Seth and Anr. v. Suderdhan Kumar Bhayana (Deceased) through His Legal Heirs Bhupesh Bhayana and Anr.

Delhi HC26 Sept 2024O.M.P.(I) (COMM.)/49/2024

Case brief

AI extract

What is this about?

Petition seeking interim stay on property dealing under Section 9 Arbitration Act. Court held petition infructuous due to existing attachment order and dismissed with liberty to revive.

What did the court decide?

Petition dismissed as infructuous due to attachment order; liberty granted to revive if attachment is set aside.

What the court decided

Vinod Seth ( Deceased) through His Legal Heirs Kunal… — Execution and Attachment | Delhi HC (2024)

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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O.M.P.(I) (COMM.) 49/2024 & I.A. 3252/2024 VINOD SETH ( DECEASED) THROUGH HIS LEGAL HEIRS KUNAL SETH AND ANR. .....Petitioners Through: Petitioner No. 1 in person.

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versus

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SUDERDHAN KUMAR BHAYANA (DECEASED) THROUGH HIS LEGAL HEIRS BHUPESH BHAYANA AND ANR.

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.....Respondents

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Through:

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R 26.09.2024

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This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim orders against the respondents from alienating, disposing of, dealing with or creating any third party rights in respect of the property bearing No. 73, Block PP, Pitampura, Delhi-110034 and basement in the property No. F1U-40, Pitampura, Delhi-11 0034.

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The petition is based on an Arbitral Award dated 21.10.2013 wherein the petitioner was awarded approximately a sum of Rs. 82 lakhs and the respondent awarded a sum of Rs. 72 lakhs.

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The awarded amount in favour of the respondent was reduced by the Single Judge in O.M.P. 1125/2014 vide order dated 15.04.2019 and thereafter was set aside by the Division Bench vide order dated 27.09.2023 passed in FAO (OS) 132/2019.

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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 05/10/2024 at 10:51:31

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Hence, as of today, the awarded amount of Rs. 82 lakhs along with interest is due and payable to the petitioner by the respondents and no amount has been paid.

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It is stated that the petitioner has already filed an execution petition seeking execution of the Award dated 21.10.2013 as modified by the Division Bench on 27.09.2013 and both the abovementioned properties have been attached.

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Since the attachment order is operation, the present petition has become infructuous and is disposed of granting liberty to the petitioner to revive the same in case the attachment order is set aside, varied or modified.

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JASMEET SINGH, J

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SEPTEMBER 26, 2024 da

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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 05/10/2024 at 10:51:31

Vinod Seth ( Deceased) through His Legal Heirs Kunal Seth and Anr. v. Suderdhan Kumar Bhayana (Deceased) through His Legal Heirs Bhupesh Bhayana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Vinod Seth ( Deceased) through His Legal Heirs Kunal Seth and Anr. v. Suderdhan Kumar Bhayana (Deceased) through His Legal Heirs Bhupesh Bhayana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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