MOHIT GUPTA vs VED PRAKASH KATHURIA

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th March, 2025 + CM(M) 3283/2024 & CM APPL. 49938/2024 MOHIT GUPTA .....Petitioner Through: Mr. Siddhant Rai Sethi with Mr. Shivam Jangra and Mr. Sahib Gurdeep Singh, Advocates. versus VED PRAKASH KATHURIA .....Respondent Through: Mr. Kapil Gulati with Mr. Amit Kochar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Learned counsel for respondent/Decree Holder submits that application moved by Decree Holder under Order XXI Rule 37 is still pending consideration before learned Executing Court. He, without prejudice to his rights and contentions, submits that the present petition may be disposed of by directing learned Executing Court to proceed further with the matter and to deal with the abovesaid application in terms of the observations given by this Court in M/s CELL Page Communication vs. Vijay Shankar Pandey: 2022 SCC OnLine Del 3421. He, though, submits that the abovesaid application was never withdrawn by him and that, there appears to be some inadvertent observation in this regard in one order passed by learned Trial Court, in order to avoid any further delay, he has no objection to decision afresh, albeit, on expeditious basis. Signature Not Verified Digitally Signed CM(M) 3283/2024 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 17:44:13 2. Learned counsel for the petitioner has also no objection in this regard. He also undertakes that Judgment Debtor would render full assistance and cooperation and would ensure that he is duly represented before learned Executing Court on any date, to be fixed by the Court. 3. The petition is, accordingly, disposed of with request to learned Executing Court to take up the abovesaid application filed by Decree Holder under Order XXI Rule