Delhi High Court
Scholar Alley Pvt Ltd vs Rahul Bansal And Anr on 17 October, 2023
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17.10.2023
+ CM(M) 1637/2023
SCHOLAR ALLEY PVT LTD ..... Petitioner
Through: Mr. Vishal Sharma, Advocate
(Through VC) and Ms. Priyanka
Mandal, Advocate
versus
RAHUL BANSAL AND ANR ..... Respondents
Through: Mr. Hitesh Kumar and Mr. Ankit
Rana, Advocates
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
CM(M) 1637/2023 and CM APPL. 51693/2023 (stay)
1. This petition filed under Article 227 of Constitution of India impugns
the order dated 27.09.2023 passed by the District Judge, Commercial Court
- 05, Central District, Tis Hazari Courts, Delhi ('Executing Court') in
Execution (COMM) No. 206/2023, titled as "Mr. Rahul Bansal v. Scholar
Alley Pvt. Ltd.", whereby arrest warrants were issued against the directors
of the Petitioner.
2. The learned counsel for the Petitioner states that in terms of the
statement made before this Court on 05.10.2023, the Petitioner herein has
deposited the composite amount of Rs. 1.43 crores comprising of the
Signature Not Verified
By:MAMTA RANI
Signing Date:20.10.2023
19:53:36
principal and interest, before the Executing Court.
2.1. He states that in this petition, the Petitioner is seeking a limited relief
to the effect that the release of the said amount by the Executing Court to the
Respondent be stayed until the interim application filed by the Petitioner
before the concerned Commercial Court District Judge (Commercial Court-
01) /SE/Saket/ND hearing the objection petition filed under Section 34 of
the Arbitration and Conciliation Act, 1996 is decided. He states that the
matter is listed before the concerned Commercial Court on 06.12.2023 and
an appropriate interim application seeking stay of the execution award is
pending and listed for hearing on the said date.
3. In reply, the learned counsel for the Respondent confirms that the
amount stands deposited before the Executing Court. He however, states that
he has not been served with any copy of the interim application seeking stay
of the execution award.
4. This Court has considered the submissions of the parties and in view
of the deposit of decretal amount before the Executing Court, this petition is
disposed of with a limited direction that the amount of Rs. 1.43 crores will
not be released by the Executing Court until 06.12.2023 so as to enable the
Petitioner herein to have his interim application adjudicated upon by the
concerned Commercial Court.
5. The learned Commercial Court is requested to hear and decide the
interim application filed by the Petitioner on 06.12.2023 i.e., the next date of
hearing fixed before the said Court.
6. The Petitioner undertakes that he shall remain present to address
arguments before the concerned Commercial Court on 06.12.2023 and not
seek any adjournment. The said statement is taken on record. It is clarified
Signature Not Verified
By:MAMTA RANI
Signing Date:20.10.2023
19:53:36
that any further orders for disbursal of the decretal amount will be passed by
the concerned Commercial Court.
7. With the aforesaid direction, the present petition is disposed of.
MANMEET PRITAM SINGH ARORA, J
OCTOBER 17, 2023/hp/aa
Click here to check corrigendum, if any
Signature Not Verified
By:MAMTA RANI
Signing Date:20.10.2023
19:53:36
