JAI PRAKASH SHARMA vs M/S NATIONAL MARWARI FOUNDATION & ANR.

Judgment text excerpt

$~121 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th, August, 2025 + CM(M) 1611/2025 & CM APPL. 52816-52817/2025 JAI PRAKASH SHARMA .....Petitioner Through: Dr. Ajay Chaudhary, Mr. Manoj Kr. Bhagat and Mr. Rajeev Kokcha, Advocates. versus M/S NATIONAL MARWARI FOUNDATION & ANR. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is having decree dated 22.02.2024 in his favour and based on such decree, an execution petition was filed which was, eventually, taken up by the learned Executing Court on 02.04.2025. 2. However, based on the averments made in the execution petition and believing the affidavit filed by the decree holder, the learned Executing Court issued, warrants of attachment. As per the report of bailiff, neither the registered nor any other office of judgment debtor was found available at the given address situated at Kashmiri Gate. 3. Learned Executing Court, thus, while observing that there was an attempt to mislead the Court has dismissed the execution petition, with cost of Rs.25,000/-. 4. Such order is under challenge. Signature Not Verified Digitally Signed CM(M) 1611/2025 1 By:DINESH CHANDRA Signing Date:26.08.2025 18:37:32 5. Learned counsel for petitioner submits that the decree holder was never given any chance to present his version before the learned Executing Court. 6. He submits that when the suit was pending adjudication, the summons were sent to the defendant-Society at the same very address situated at Kashmiri Gate and as per the specific report of the then process server, such summons were, rather, duly accepted by one Mr. Satyapal Sharma, authorized signatory, who even signed the copy of process as acknowledgment and had even mentioned his contact number. 7. It is s