M/S Ind Synergy Ltd vs M/S D S Global Pvt Ltd
2018 Latest Caselaw 6658 Del

$~76
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Date of Order: 02.11.2018
+       CM(M) 1344/2018 & CM No.46018/2018

        M/S IND SYNERGY LTD                       ..... Petitioner
                      Through:         Mr. Gaurav Mahajan, Adv.

                          versus

        M/S D S GLOBAL PVT LTD                     ..... Respondent
                      Through: None.

        CORAM:
        HON'BLE MR. JUSTICE VINOD GOEL

1.      In this petition filed under Article 227 of the Constitution of
India, the petitioner/Decree Holder seeks a direction to the Court of
learned Additional District Judge-04 (South) Saket Courts, New Delhi
('ADJ') to dispose of (a) the application under Order XXI Rule 23
read with Section 151 of the Code of Civil Procedure, 1908 ('CPC')
and another application under Order XXI Rule 37 & 38 CPC read with
Section 151 CPC and (b) Execution No.7/2018 within one month.


2.      After making certain submissions, learned counsel for the
petitioner submits that he does not press prayer (b) of the petition.
However, he requests that the executing court may be directed to
dispose of the pending applications, i.e. under Order XXI Rule 43 read
with Section 151 CPC and another application under Order XXI Rule


CM (M) No.1344/2018                                       Page 1 of 2
 37 & 38 CPC, in the execution petition. He further submits that the
award was passed in their favour on 31.01.2009. The Decree Holder
filed an execution petition in the Delhi High Court invoking its
original jurisdiction, which was registered as Ex.No.181/2013. Later
on, the execution was transferred to the District Courts and was
assigned to the learned ADJ. Now the execution is listed on
21.02.2019.

3.      In the expediency of justice, the executing Court is directed to
dispose of both the above applications, preferably within 3 months
from the next date of hearing.

4.      The petition along with the pending application, being CM
No.46018/2018, is disposed of.


                                                    VINOD GOEL, J.

NOVEMBER 02, 2018 "sandeep"