M/S Modern Construction Co. v. M/S Hitech Enterprises
Case brief
What is this about?
CM(M) 397/2026 | High Court of Delhi | decided 25.02.2026 | Rajneesh Kumar Gupta, J. | M/s Modern Construction Co. (petitioner; Kirti Uppal, Sr. Adv.) v. M/s Hitech Enterprises (respondent; Parveen Kumar Aggarwal, Adv.) | Article 227 Constitution of India | Order XXI Rules 12, 14 and 17 CPC | maintainability of Article 227 petition against Execution Court orders | EX. (COMM) No. 147/2025 | decree dated 21.10.2024 | RFA (COMM) No. 68/2025 pending | stay of execution subject to unfulfilled conditions | matter sub judice in RFA | petition dismissed as not maintainable; pending applications disposed.
What did the court decide?
Learned Senior Counsel for the petitioner failed to show any law establishing the maintainability of a petition under Article 227 of the Constitution of India against the order of the Execution Court while the RFA against the underlying decree is pending and stay of execution has already been granted therein.