YOGESH KUMAR GUPTA vs BOBBY GOREJA

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01.09.2025 + C.R.P. 179/2025 YOGESH KUMAR GUPTA .....Petitioner Through: Mr. Yudhvir Singh Chauhan, Adv. alongwith Petitioner in person. versus BOBBY GOREJA .....Respondent Through: Mr. R.K Dhawan, Ms. Nisha Dhawan, Mr. V.K Teng and Mr. Pawan Karan Deo, Advocates CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl. 54728/2025[For directions] 1. This is an Application filed on behalf of the Petitioner seeking directions to the Executing Court not to proceed further with the execution in view of the fact that the Affidavit/Undertaking, which was directed to be filed before this Court on 03.07.2025, has not been placed on record. 2. Learned Counsel appearing on behalf of the Petitioner submits that the Petition was disposed of on 03.07.2025 when certain directions were passed, amongst these directions was a direction that the vacant physical possession of the subject premises will be handed over on or before 25.10.2025. Learned Counsel submits that this date was given in the presence of the parties and after the consent of all parties present on that date. However, the Affidavit of Undertaking which was supposed to be filed within a period of one week, was filed after 2 weeks. 2.1 Learned Counsel further submits that in the meantime, the Signature Not Verified Digitally Signed By:HONEY ARORA Signing Date:02.09.2025 C.R.P. 179/2025 Page 1 of 2 20:35:10 Respondent filed an Application before the Executing Court for warrants of possession pursuant to the Order dated 17.07.2025 passed by this Court in view of the delay in filing the Affidavit. 2.2 Learned Counsel further submits that the copy of the Affidavit was filed on 16.07.2025 and a copy was handed over to the learned Coun