MRS AMILA SINGHVI & ANR. vs MR NITIN GUPTA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 21.05.2026 Judgment pronounced on: 29.05.2026 Judgment uploaded on: As per digital signature~ + EFA(COMM) 20/2026 CM APPL. 34939/2026 CM APPL. 34940/2026 & CM APPL. 34941/2026 MRS AMILA SINGHVI & ANR. ..... Appellants Versus MR NITIN GUPTA ..... Respondent Advocates who appeared in this case For the Appellant : Mr. Tanmay Mehta, Mr. Swapnil Gupta and Mr. Sajal Jain, Advocates For the Respondent : Mr. Ashish Mohan, Sr. Adv. with Mr. Shreshth Jain, Mr. Aurito Mukherjee, Ms. Neha Buttan and Mr. Nadeem Malik, Advocates CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT REPORTABLE Per VINOD KUMAR , J. 1. This execution first appeal under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XXI Rule 58(4) of Signature Not Verified Signed By:PRAMOD EFA (COMM) 20/2026 Page 1 of 13 KUMAR VATS Signing Date:29.05.2026 15:29:33 the Civil Procedure Code, 1908 (in short ‘CPC’) lays challenge to the order dated 06.05.2026 passed by learned District Judge (COMM)-02, South East, Saket Court, New Delhi (in short ‘District Judge’) in the Misc. Execution Petition No. 24/2025 titled as M/s Tirupati Paper Corporation v. International Print O Pac Ltd. 2. Vide impugned order, the Executing Court i.e., learned District Judge dismissed the following applications of the appellants: (i) An application under Section 47 CPC, seeking dismissal of the execution petition on the ground of award being nullity; (ii) An application under Order XXI Rule 58 CPC seeking setting aside of the attachment of the house; and (iii) An Application under Order XXI Rule 59 CPC seeking stay of direction of sale of the attached house. 3. The facts of the present case are that respondent (sole proprietor of M/s