Disposed

Pasupati Spinning and Weaving Mills Ltd. v. Omkara Assets Reconstruction Private Limited

Delhi HC17 Aug 2026CONT.CAS(C)/1020/2025

Case brief

AI extract

What is this about?

The High Court of Delhi dismissed a petition alleging wilful disobedience of a DRT order regarding missing goods. The Court held that since the petitioner filed an application before the DRT seeking compensation, this Court cannot proceed without waiting for the DRT's factual findings. No interim order was made.

What did the court decide?

Petition disposed; liberty granted to petitioner to revive petition or seek other remedies if DRT finds goods missing.

Pasupati Spinning and Weaving Mills Ltd. Vs Omkara… — Execution and Attachment | Delhi HC (2026)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 17^th August, 2026

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CNR No. DLHC010429262025

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- CONT.CAS(C) 1020/2025 & CM APPL. 2236/2026

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PASUPATI SPINNING AND WEAVING MILLS LTD. .....Petitioner

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Through: Mr. Shreesh Chadha, Mr. A.S. Bakshi and Mr. Divjot Singh Bhatia, Advs. M: 7678644513

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versus

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OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED .....Respondent

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Through: Mr. Shaunak Kashyap, Ms. Mayanka Dhawan, Mr. Vikram Kalra and Ms. N. Choudhary, Advs. M: 9999166097

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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MINI PUSHKARNA, J (ORAL):

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The present petition has been filed alleging wilful disobedience of the final order dated 09^th September, 2022, passed by the Presiding Officer, Debt Recovery Tribunal-II, Delhi (“DRT”) in SA no. 106/2017 .

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Vide order dated 09^th September, 2022, the following directions had been issued by the DRT:

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“

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Signature Not Verified

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CONT.CAS(C) 1020/2025 Page 1 of 4

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 3.08.2026 18:47:56

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xxx xxx xxx

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”

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Perusal of the aforesaid order shows that details of certain goods and machinery given, in respect of which, liberty was granted to the petitioner herein to lift the same.

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This Court notes that vide order dated 15^th October, 2025 passed in the present proceedings at request of the respondent, a Local Commissioner (“LC”) was appointed.

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The LC has since given his Report dated 07^th November, 2025, which is on record, noting the submission of the petitioner with regards to the inventory of the missing goods and machinery.

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This Court notes that vide order dated 14^th January, 2026, this Court has recorded as under:

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CONT.CAS(C) 1020/2025 Page 2 of 4

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Signature Not Verified

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 3.08.2026 18:47:56

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Perusal of the aforesaid order clearly shows that the petitioner herein has stated that they shall be moving an application before the DRT with regard to the missing plant and machinery as well as the auction proposed to be conducted.

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This Court is informed that the petitioner has already filed an appropriate application before the DRT, which is currently pending. Submission in this regard is recorded in the order dated 21^st January, 2026 passed by this Court, which reads as under:

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“1. During the course of hearing, it transpires that the petitioner has filed an application before the Debt Recovery Tribunal (“DRT”) seeking compensation on account of the allegedly missing plant/machinery/goods. This application is now listed

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Signature Not Verified

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CONT.CAS(C) 1020/2025 Page 3 of 4

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 3.08.2026 18:47:56

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before DRT on 20.02.2026.

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xxx xxx xxx”

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The aforesaid order clearly shows that the petitioner herein has filed an application before the DRT seeking compensation on account of the allegedly missing plant/machinery/goods.

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Accordingly, since the petitioner has already moved to DRT in respect of the missing plant/machinery/goods, the finding with regard to the same shall be given by the DRT.

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At this stage, when the issue with regard to the missing plant/machinery/goods is pending adjudication before the DRT, this Court cannot, on the basis of any presumption regarding any missing plant/machinery/goods, proceed with the present matter.

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Accordingly, no orders can be passed by this Court at this stage. However, liberty is granted to the petitioner to revive the present petition or seek other remedies in accordance with law, in case, the DRT arrives at a factual finding that the plant/machinery/goods, which were directed to be lifted by the petitioner, are indeed missing.

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Noting the aforesaid, the present petition is disposed of.

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Pending application also stands disposed of.

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MINI PUSHKARNA, J

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AUGUST 17, 2026/KR

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Signature Not Verified

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CONT.CAS(C) 1020/2025 Page 4 of 4

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Digitally Signed By:HARIOM SHARMA Signing Da te:2 3.08.2026 18:47:56

Pasupati Spinning and Weaving Mills Ltd. v. Omkara Assets Reconstruction Private Limited

Case brief

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Pasupati Spinning and Weaving Mills Ltd. v. Omkara Assets Reconstruction Private Limited

Case brief

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