HARISH SHARMA vs ANIL CHAWLA

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th April, 2025 + CM(M) 857/2019, CM APPL. 25881/2019, CM APPL. 39160/2022 & CM APPL. 9599/2024 HARISH SHARMA .....Petitioner Through: Mr. Ashish Middha, Advocate. versus ANIL CHAWLA .....Respondent Through: Mr. Mohit Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The grievance in the present petition is, merely, with respect to the manner in which the warrants of arrest have been issued against the Managing Director of the judgment-debtor company. 2. This Court has seen the impugned order dated 10.05.2019. The learned Executing Court, noticing that the affidavit of the assets of the Judgment-debtor company had not been furnished and such Managing Director was not even present before the Court, has issued warrants of arrest against him. 3. Learned counsel for the petitioner/judgment-debtor submits that issuance of such arrest warrants was neither appropriate nor legally sustainable. 4. However, at the same time, he submits that when the present petition was taken up by this Court way back on 27.05.2019, the petitioner himself Signature Not Verified Digitally Signed CM(M) 857/2019 1 By:SONIA THAPLIYAL Signing Date:30.04.2025 11:50:57 had made a proposal to make payment of 50% of the decretal amount by the end of June, 2019. This Court, therefore, permitted him to pay the abovesaid amount and the impugned order was also directed to be stayed. 5. Mr. Ashish Middha, learned counsel for petitioner, on instructions, submits that without prejudice to his rights and contentions, the petitioner herein is ready to make the balance payment of 50% of the principal amount by the end of May, 2025. He, however, seeks waiver with respect to balance component of the interest amount. 6. L