TAKSHAKA INTERIORS PVT LTD vs ESPIRE RESORTS PVT LTD

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th July, 2025 + CM(M) 1191/2025 & CM APPL. 40114-40115/2025 TAKSHAKA INTERIORS PVT LTD .....Petitioner Through: Mr. Ashish Aggarwal, Mr. Vidit Garg and Ms. Shivangi Shokeen, Advocates versus ESPIRE RESORTS PVT LTD .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Award in question is dated 28.02.2023. 2. Armed with the aforesaid Award, the counter-claimant concerned filed an Execution Petition before the Court of learned District Judge (Commercial Court)-01, South District, Saket Courts, New Delhi. It was in relation to the counter-claim which had been allowed by the learned Arbitral Tribunal. Fact remains that the claim of the petitioner herein was dismissed vide aforesaid composite Award dated 28.02.2023. 3. During pendency of the aforesaid Execution Petition, the petitioner herein filed certain objections and learned District Judge (Commercial Court) has refused to take note of such objections and has rather directed issuance of warrants of attachment, on certain conditions. 4. Learned District Judge (Commercial Court) also questioned the maintainability of Objection Petition on the ground that if the objector was Signature Not Verified Digitally Signed CM(M) 1191/2025 1 By:SONIA THAPLIYAL Signing Date:14.07.2025 14:25:43 aggrieved by the Award, it could have easily filed a petition under Section 34 of Arbitration and Conciliation Act, 1996. 5. Before the learned District Judge (Commercial Court), the petitioner, by filing the Objection Petition, took several objections including that of pecuniary and territorial jurisdiction and inter alia, with respect to Award being insufficiently stamped. 6. On the last date, there was appearance from the side of respondent