Reliance Haryana Sez Limited (Now Known as Model Economic Township Ltd) Vs Shri Kishan Gupta (Deceased) through Legal Heirs Ashok Gupta & Ors. — Delhi HC (2025) — LawSathi Research

Reliance Haryana Sez Limited (Now Known as Model Economic Township Ltd) Vs Shri Kishan Gupta (Deceased) through Legal Heirs Ashok Gupta & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty reserved to the Decree Holder to avail all remedies available to it as per law for realizing the outstanding dues under the decree against the estate of the deceased Judgment Debtor, to be pursued before the competent Court at Gurugram where the execution proceedings were first instituted; pending applications stand disposed of.

Issue for consideration

Whether the execution petition, instituted in furtherance of the order dated 31.08.2022 of the Civil Judge, Sr. Division, Gurugram and confined to attachment and sale of plot No. 331, Sector B, Bawana-II (Bhorgarh), Delhi measuring 250 sq. mts. ('Bawana Property'), survived for consideration by this Court once proceedings qua that property stood concluded to the satisfaction of the decree holder. +1 more

Court's answer

It is evident that the present petition was filed for a limited purpose qua the Bawana property.

Ratio / Principle

Having realized a partial amount pursuant to the settlement agreement dated 20.08.2024 and the order dated 23.08.2024, no further relief qua the Bawana property is now maintainable at the instance of the Decree Holder.

Key takeaways

For further reliefs qua the estate of the deceased Judgment Debtor, the Decree Holder will have to approach the Court at Gurugram, where the execution proceedings were first instituted.ratio¶14
The present petition stands disposed of, reserving liberty to the Decree Holder to avail all such remedies available to it as per the law for realizing the outstanding dues under the decree against the estate of the deceased Judgment Debtor.ratio¶15

Detailed headnote1 paragraphs

Delhi High Court (Manmeet Pritam Singh Arora, J.) | EX.P. 89/2022 | 17.03.2025 | Reliance Haryana SEZ Limited (now Model Economic Township Ltd), Decree Holder v. legal heirs (Ashok Gupta & others) of deceased Judgment Debtor Shri Kishan Gupta. Execution petition instituted in furtherance of the order dated 31.08.2022 of the Civil Judge, Sr. Division, Gurugram, in respect of a decree passed by the ADJ, Gurugram, and filed solely for attachment and sale of plot No. 331, Sector B, Bawana-II (Bhorgarh), Delhi measuring 250 sq. mts. ('Bawana Property'). The Decree Holder had realized a partial amount from the current occupier of the Bawana Property pursuant to a settlement agreement dated 20.08.2024 and an order dated 23.08.2024 passed in these proceedings, with proceedings qua the property concluded to the decree holder's satisfaction. The Court held that no further relief qua the Bawana Property was maintainable and disposed of the petition, expressly reserving the Decree Holder's liberty to avail all remedies in law for realizing the outstanding dues under the decree against the estate of the deceased Judgment Debtor, for which recourse lies before the Court at Gurugram where execution was first instituted. Pending applications (EX.APPL.(OS) 3594-3595/2022, 3851/2022 and 136/2023) stand disposed of.

$~21

IN THE HIGH COURT OF DELHI AT NEW DELHI

EX.P. 89/2022 & EX.APPL.(OS) 3594-3595/2022 EX.APPL.(OS) 3851/2022 EX.APPL.(OS) 136/2023

RELIANCE HARYANA SEZ LIMITED (NOW KNOWN AS MODEL ECONOMIC TOWNSHIP LTD) .....Decree Holder Through: Ms. Shobhana Takiar, Adv. with Mr. Prateek Dhir and Mr Kuljeet Singh, Advocates

versus

SHRI KISHAN GUPTA (DECEASED) THROUGH LEGAL HEIRS ASHOK GUPTA & ORS. .....Judgement Debtors Through: Ms. Shalini Kapoor, Ms. Divyanshi Saxena and Mr. Udit Bhatiani, Advocates for JD-1(i) Mr. Shantanu Parashar, Mr. Shaurya Chourasiya and Mr Harsh Trivedi, Advocates for JD-1(ii) Mr. Tanvir Nayar, Adv. for JD-1(iii)

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 17.03.2025 EX.P. 89/2022

Learned counsels for the Judgment Debtor Nos. 1(i), 1(ii) and 1(iii) states that the limited extent for which this execution petition was filed was attachment and sale of plot No. 331, Sector B, Bawana-II (Bhorgarh), Delhi measuring 250 sq. mts. (‘Bawana Property’). They state that since the proceedings qua the said immovable property have been concluded to the satisfaction of the decree holder, the present petition can be disposed of.

1.1. They state that since the decree under the execution was passed by the ADJ, Gurugram and the present execution petition has been instituted in

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 22/03/2025 at 17:44:56

furtherance of the order dated 31.08.2022 passed by the Civil Judge, Sr. Division, Gurugram, the present proceedings do not survive for any consideration by this Court.

In reply, learned counsel for the Decree Holder states that the present petition be disposed of reserving liberty to the Decree Holder to avail its remedies against the estate of deceased Kishan Gupta/Judgment Debtor in accordance with law. She states that she will take appropriate steps to approach the competent Court at Gurugram.

In the aforenoted facts, it is evident that the present petition was filed for limited purpose qua the Bawana property. The Decree Holder has realized partial amount from the current occupier of the said property in pursuance to the settlement agreement dated 20.08.2024 and order dated 23.08.2024 passed in these proceedings. No further relief qua the Bawana property is now maintainable at the instance of the Decree Holder. For further reliefs qua the estate of the deceased Judgment Debtor, the Decree Holder will have to approach the Court at Gurugram, where the execution proceedings were first instituted.

In view of the aforesaid submission, the present petition stands disposed of, reserving liberty to Decree Holder to avail all such remedies available to it as per the law for realizing the outstanding dues under the decree against the estate of the deceased Judgment Debtor.

Pending applications stand disposed of.

MANMEET PRITAM SINGH ARORA, J

MARCH 17, 2025/ hp/sk

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 22/03/2025 at 17:44:56