Chadresh Kumar Gupta and Anr. v. M/S Kla Construction Technologies Pvt. Ltd.
Case brief
What is this about?
Civil imprisonment of directors of judgment-debtor company; warrants of arrest in execution; Order XXI Rule 41(3) CPC; Order XXI Rule 37 read with Section 151 CPC; Article 227 Constitution of India; execution proceedings to be decided afresh; opportunity to file reply; impugned order set aside; CM(M) 440/2026; Execution (Comm.) No. 91 of 2024; Commercial Court-9, Tis Hazari, Delhi; decree-holder vs judgment-debtor; Bhandari Engineering & Builders (MANU/DE/1497/2020) cited by executing court; rights and contentions left open.
What did the court decide?
Impugned order dated 08.01.2026 passed on the application under Order XXI Rule 37 read with Section 151 CPC set aside; petitioners granted two weeks to file their reply before the Execution Court, which is to consider the application afresh taking into account all rights and contentions of the parties.