Tara Chand Sumit Const Co. Vs Delhi Development Authority — Delhi HC (2025) — LawSathi Research

Tara Chand Sumit Const Co. Vs Delhi Development Authority — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to the learned Trial Court (Executing Court) to make best possible endeavour to dispose of the execution application as expeditiously as possible, bearing in mind the Supreme Court's directions in Rahul S. Shah; CM APPL. 8893/2025 (Exemption) allowed subject to all just exceptions.

Issue for consideration

Whether directions should be issued to the learned Executing Court to dispose of the pending execution application in a time bound manner.

Court's answer

Noting that the execution petition has been pending since 2023, the petition is disposed of with directions to the learned Trial Court to make best possible endeavour to dispose of the execution application as expeditiously as possible, while bearing in mind the directions issued by the Hon'ble Supreme Court in Rahul S. Shah.

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) disposed of a CM(M) petition whose limited prayer was issuance of directions to the learned Executing Court to dispose of the execution application in a time bound manner. Background recorded by the Court: arbitration award in favour of the petitioner in 2014; respondent DDA's objections under Section 34 of the Arbitration & Conciliation Act, 1996 dismissed in 2020; Execution Petition filed in 2023 still unsatisfied. DDA/JD stated that a draft of Rs 51,50,408.95 deposited before the Execution Court had expired, with a re-validated draft directed to be filed by 03.03.2025, and that a dispute existed on the payable amount (DH's calculation sheet filed; JD's reply awaited). Relying on the Supreme Court's directions in Rahul S. Shah v. Jinendra Kumar Gandhi & Ors., (2021) 6 SCC 418 (execution proceedings to be decided within six months, extendable only by recorded reasons), the Court disposed of the petition directing the Trial Court to make best possible endeavour to dispose of the execution application as expeditiously as possible, bearing in mind the Supreme Court's directions. CM APPL. 8893/2025 (Exemption) was allowed subject to all just exceptions.

$~48

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 306/2025

TARA CHAND SUMIT CONST CO .....Petitioner

Through: Mr. Akshu Jain, Ms. Stuti Jainn & Mr. Amogh Sunil Dombe, Advs.

versus

DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Mr. R. K. Dhawan, SC with Ms. Nisha Dhawan, Mr. V. K. Teng, Mr. Naman Kumar Thakur, Mr. K. R. Mathur, Ms. Jyoti Sahai Joshi & Mr. Anwesha Singh, Advs.

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R % 14.02.2025 CM APPL. 8893/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CM(M) 306/2025

The limited prayer in the petition is for issuance of directions to the learned Executing Court to dispose of the execution application in a time bound manner.

Learned counsel for the petitioner submits that the arbitration award was passed in favour of the petitioner in the year 2014. The objections filed by the respondent under Section 34 of the Arbitration & Conciliation Act, 1996 were dismissed in the year 2020.

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 17/02/2025 at 17:22:27

The Execution Petition was filed in the year 2023, but the execution has not been satisfied till date.

Learned counsel for the respondent/JD submits that out of the sum payable, draft of Rs 51,50,408.95 has already been deposited before the Execution Court. But the said draft has expired and Executing Court has issued directions to respondents to file the re-validated draft by the next date i.e., on 03.03.2025.

Learned counsel for JD further submits that there is dispute regarding the payable amount and that DH has already filed its calculation sheet and JD would file its reply on the next date.

It is further submitted that there is no intent on the part of the DH to delay the execution proceedings.

In the case of Rahul S. Shah vs Jinendra Kumar Gandhi & Ors (2021) 6SCC 418 , the Hon’ble Supreme Court has issued directions that executing court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.

Admittedly, the execution petition is pending since 2023.

The petition is dispose of with directions to the learned Trial Court to make best possible endeavour to dispose of the execution application as expeditiously as possible, while bearing in mind the directions issued by the Hon’ble Supreme Court in the case of Rahul S. Shah (S upra ).

RAVINDER DUDEJA, J

FEBRUARY 14, 2025 Sk/r

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 17/02/2025 at 17:22:27