M/S D S GLOBAL PVT LTD vs M/S IND SYNERGY LTD

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th April, 2025 + CM(M) 1018/2019 & CM APPL. 30460/2019 & CM APPL. 30461/2019 & CM APPL. 47599/2019 M/S D S GLOBAL PVT LTD .....Petitioner Through: Mr. Vineet Tayal and Mr. Nishtha Wadhwa, Advocates. versus M/S IND SYNERGY LTD .....Respondent Through: Mr. Aayush Aganwala and Mr. Aman Shekhar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner herein has challenged order dated 30.05.2019 whereby the Executing Court has issued warrants of arrest against the Directors of the Judgment Debtor company on the basis of application filed by the decree-holder under Order XXI Rule 37 and 38 CPC. 2. The prime-most grievance of the petitioner herein is with respect to non-adherence to the standard protocol which is prescribed for the abovesaid purpose. Reference, in particular, has been made to CELL Page Communication vs. Vijay Shankar Pandey: 2022 SCC OnLine Del 3421. 3. It is, however, noticed that when the present petition was taken up, way back on 09.07.2019, appreciating the abovesaid contentions and without prejudice to the rights and contentions of the petitioner, Directors of petitioner company were directed to appear before the Executing Court through counsel on 16.07.2019 with direction to show cause in terms of Order XXI Rule 37 CPC. It was also clarified that the personal presence of such Directors would not be insisted upon by the learned Executing Court. Signature Not Verified Digitally Signed CM(M) 1018/2019 1 By:SONIA THAPLIYAL Signing Date:01.05.2025 12:42:04 4. Such Directors of petitioner company did appear, through its counsel, before the learned Executing Court on 16.07.2019. Though, on 16.07.2019, when they appeared before the learned Executing Court, the l