M/S UPPAL CHADHA HI-TECH DEVELOPERS PVT LTD vs RAJESH KUMAR PATWARI

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04th July, 2025 + CM(M) 1094/2025 & CM APPL. 36811/2025 M/S UPPAL CHADHA HI-TECH DEVELOPERS PVT LTD .....Petitioner Through: Mr. Sumeer Sodhi & Mr. Aman Nandrajog, Advocates. versus RAJESH KUMAR PATWARI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is facing an Execution Petition which is pending adjudication before the learned State Consumer Disputes Redressal Commission, New Delhi (in short “State Commission”). 2. Such Execution Petition i.e. E.A No. 16/2025 was taken up by learned State Commission on 23.04.2025 for the first time and noticing that the execution had been filed within two years, and after appreciating the relevant facts, the learned State Commission issued warrants of attachment of the property of the judgment debtor/petitioner. 3. Such order is under challenge. 4. Learned counsel for petitioner/judgment debtor has, at the very outset, submitted that the judgment debtor is ready and willing to deposit the entire decretal amount within one week from today before the learned State Signature Not Verified Digitally Signed CM(M) 1094/2025 1 By:SONIA THAPLIYAL Signing Date:05.07.2025 14:39:57 Commission in the abovesaid Execution Petition. 5. When asked, learned counsel for petitioner/ judgment debtor submitted that no application in this regard was moved by them before the learned State Commission. Quite obviously, if the petitioner/ judgment debtor was inclined in depositing the decretal amount, instead of filing a petition here, it should have rather filed an application to said effect before the learned State Commission. There was no reason, whatsoever, for the learned State Commission to have not entertained any such request, ev