S.B. PODDAR vs M/S REHABILITATIONS PLANTATION LTD & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.04.2025 FAO 92/2025, CM APPL. 20563/2025 & CM APPL. 20564/2025 S.B. PODDAR .....Appellant Through: Mr. Harish Katyal, Ms. Monica Katyal, Ms. Aditi Todaria & Ms. Prachi Bhandari, Advocates. versus M/S REHABILITATIONS PLANTATION LTD & ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J.(ORAL) 1. The present appeal is filed against the order dated 19.03.2025 („impugned order‟) passed in Ex. Pet. No.1329/2017 titled M/s Rehabilitation Plantation Limited vs. S.B. Poddar before the Court of District Judge-07, Central District, Tis Hazari Courts, New Delhi („Executing Court‟). 2. By way of the impugned order, an application under Section 47 read with Section 151 of Code of Civil Procedure, 1908, („CPC‟) filed by the Appellant praying for dismissal of the execution petition filed against the Appellant on the ground that the decree under execution was null and void 3. The decree under the execution was passed by the Court of Subordinate Judge, Kottarakkara, Kerala („Trial Court‟) on 08.07.1997 in Original Suit No. 13/1991 filed by Respondent No.1, the decree holder, for recovery of ₹3,38,223.74/- w