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2025 DAILYLAW 40097 (DEL)

AHLUWALIA CONTRACTORS (INDIA) LTD. v. M/S RAHEJA DEVELOPERS LIMITED

OMP (ENF.) (COMM.)/214/2024 · 2025-01-07

Subramonium Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OMP (ENF.) (COMM.) 213/2024 and connected matter $~58 & 59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 213/2024 AHLUWALIA CONTRACTORS (INDIA) LTD. .....Decree Holder Through: Mr. Shashank Garg, Sr. Advocate with Ms. Nishtha Jain, Advocates. versus M/S RAHEJA DEVELOPERS LIMITED .....Judgement Debtor Through: Mr. Rajshekhar Rao, Sr. Advocate with Ms. Manmeet Kaur, Mr. Gurtejpal Singh, Ms. Aashna Arora, Mr. Rajarshi Roy and Ms. Aashna Chawla, Advocates. 59 + OMP (ENF.) (COMM.) 214/2024 AHLUWALIA CONTRACTORS (INDIA) LTD. .....Decree Holder Through: Mr. Shashank Garg, Sr. Advocate with Ms. Nishtha Jain, Advocates. versus M/S RAHEJA DEVELOPERS LIMITED .....Judgement Debtor Through: Mr. Rajshekhar Rao, Sr. Advocate with Ms. Manmeet Kaur, Mr. Gurtejpal Singh, Ms. Aashna Arora, Mr. Rajarshi Roy and Ms. Aashna Chawla, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 07.07.2025 EX.APPL.(OS) 617/2025 (u/O XXI Rule 30 r/w Section 55 of CPC) in OMP (ENF.) (COMM.) 214/2024 EX.APPL.(OS) 619/2025 (u/O XXI Rule 30 r/w Section 55 of CPC) in OMP (ENF.) (COMM.) 213/2024 1. These applications are filed on behalf of the Decree Holder alleging wilful disobedience by the Judgment Debtor of order dated 07.01.2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 13:36:29 OMP (ENF.) (COMM.) 213/2024 and connected matter passed by the Court and seeking attachment and sale of Judgment Debtor’s properties as also arrest and detention in terms of Order XXI Rule 30 read with Section 55 CPC. 2. Mr. Shashank Garg, learned Senior Counsel for the Decree Holder submits that the Judgment Debtor has not complied with order dated 09.04.2025 directing filing of affidavits disclosing its assets in Form 16A of Appendix E under Order XXI Rule 41(2) CPC. 3. Mr. Rajshekhar Rao, learned Senior Counsel appearing on behalf of the Judgment Debtor submits that application of the Judgment Debtor being I.A. No. 44283/2024 for placing on record additional grounds and documents in the petition under Section 34 of the Arbitration and Conciliation Act, 1996 being O.M.P. (COMM) 415/2024, has been allowed by the Bench of Hon’ble Mr. Justice Manoj Kumar Ohri vide judgment dated 01.07.2025 and the matter is now listed before the said Bench on 16.07.2025. 4. In my view, it would be appropriate to list these petitions before the same Bench. Accordingly, list these petitions along with O.M.P. (COMM) 415/2024 on 16.07.2025, subject to orders of Hon’ble the Chief Justice. 5. In the meantime, Judgment Debtor shall comply with order dated 09.04.2025 and file the affidavit of assets within four weeks from today. JYOTI SINGH, J JULY 7, 2025 S.Sharma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2025 at 13:36:29