SAVERA REALTY PVT LTD vs SABYASACHI CHAKORBORTY

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th March, 2025 + CM(M) 1812/2019 & CM APPL. 15410/2023 SAVERA REALTY PVT LTD .....Petitioner Through: Mr. Ashish Aggarwal, Mr. Himanshu Singh and Ms. Lisha Arora, Advocates. versus SABYASACHI CHAKORBORTY .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent herein has been served through publication and the publication was carried out in Newspapers ‘Vir Arjun’ and ‘Statesman’ dated 30.06.2023. 2. Despite such deemed service, there is no representation from the side of respondent/judgment debtor. 3. The issue raised in the present petition is a very short one. 4. The petitioner had a decree in its favour and had filed an execution petition which was registered as Ex. No.203/2017. When such execution petition was taken up by the learned Executing Court on 27.10.2017, noticing that no one had appeared on behalf of the decree holder, it dismissed the execution petition in default. 5. In order to get its execution petition restored, the decree-holder filed an application under Order IX Rule 4 CPC read with Section 151 CPC. Such application was taken up by the learned Trial Court on 21.05.2019 but finding that the main counsel had not appeared and only a proxy counsel had appeared before it, it dismissed the abovesaid application for Signature Not Verified Digitally Signed CM(M) 1812/2019 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 12:04:40 non-prosecution. 6. Such order dated 21.05.2019 is under challenge. 7. Needless to say, the emphasis should always be on deciding the case on merits, instead of on technicalities. 8. Of course, it is also imperative for any such applicant to ensure that requisite cooperation and assistance is provided to the Court. Howe