M/S OM CROP SCIENCE vs CRYSTAL CROP PROTECTION LTD.

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04th August, 2025 + CM(M) 1428/2025, CM APPL. 46936/2025 & CM APPL. 46937/2025 M/S OM CROP SCIENCE .....Petitioner Through: Mr. Vishal K Panwar with Mr. Aditya Verma, Mr. Aman Goyal and Mr. Nishant Rana, Advocates. versus CRYSTAL CROP PROTECTION LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is judgment debtor who is facing an execution petition which is registered as Execution (Comm No. 239/2023) pending before learned District Judge (Commercial Court) 01, East District, Karkardooma Court, Delhi. 2. The judgment debtor has yet not participated in the execution proceedings but submits that when the execution petition was taken up by the learned Executing Court on 15.01.2025, the decree holder had filed one application under Order XXI Rule 54 CPC seeking attachment of one immovable property. 3. Such immovable property sought to be attached was the house of judgment debtor i.e. 88 Vardaan Apartment, IP Extesnion, Patparganj, Delhi. Signature Not Verified Digitally Signed CM(M) 1428/2025 1 By:DINESH CHANDRA Signing Date:04.08.2025 15:32:03 4. The abovesaid order dated 15.01.2025 also records that such property, being the house of the judgment debtor was exempted as per Section 60 (c) of CPC and on the basis of such observation made by the learned Executing Court, the decree holder sought time to verify about any other immovable property owned by the judgment debtor and eventually, when the matter was taken up by learned Executing Court on 11.07.2025, learned Executing Court has issued warrants of attachment of the same very property. 5. It is submitted that once the Executing Court had taken a decision that the property could not have be