Delhi High Court
Shellz India Pvt. Ltd vs M/S Chawla Printers on 29 May, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29.05.2025
+ EFA(COMM) 6/2025
SHELLZ INDIA PVT. LTD. .....APPELLANT
Through: Mr. Sameer Rohtagi, Mr. Namit
Suri, Ms. Surabhi Sinha and
Mr. Kartikey Singh, Advs.
versus
M/S CHAWLA PRINTERS .....RESPONDENT
Through: Mr. Aditya, Mr. Anil Kumar
Yadav and Mr. Afsar, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (ORAL)
CM APPL. 34935/2025 (Exemption)
1. Allowed, subject to all just exceptions.
EFA(COMM) 6/2025 and CM APPL. 34934/2025
2. This appeal has been filed challenging the Order dated
16.04.2025 passed by the learned District Judge, Commercial Court-
02, Rohini Courts, North District, Delhi (hereinafter referred to as,
'Executing Court') in Execution (Comm.) No. 101/2024, titled M/s
Chawla Printers v. M/s Shellz India Pvt. Ltd., dismissing the
objections filed by the appellant to the enforcement of the Arbitral
Award dated 20.03.2024 passed by the learned Sole Arbitrator.
3. By the Impugned Order, the learned Executing Court has
dismissed the objections filed by the appellant herein, solely on the
ground that the objections filed by the appellant by way of an
application filed under Section 34 of the Arbitration and Conciliation
Act, 1996 (hereinafter referred to as, 'A&C Act') had already been
dismissed on 18.03.2025.
4. The learned counsel for the appellant, placing reliance on the
Judgment of the Supreme Court in Electrosteel Steel Limited (M/s
ESL Steel Limited) v. Ispat Carrier Private Limited, 2025 SCC
OnLine SC 829, submits that the objections to the enforcement of an
Arbitral Award under Section 47 of the Code of Civil Procedure, 1908
are not dependent or contingent upon the filing of an application under
Section 34 of the A&C Act and, therefore, the mere dismissal of the
application filed under Section 34 of the A&C Act would not preclude
the consideration of the objections filed by the appellant, on merits, in
the enforcement proceedings.
5. Issue notice.
6. Notice is accepted by Mr. Aditya, the learned counsel appearing
on behalf of the respondent.
7. The learned counsel for the respondent fairly submits that the
Impugned Order be set aside and the matter may be remanded back to
the learned Executing Court for a fresh consideration of the objections
filed by the appellant on merits.
8. In view of the above, the Impugned Order is set aside. The
matter is remanded back to the learned Executing Court to consider
the objections filed by the appellant against the enforcement of the
Arbitral Award afresh and on merits.
9. We make it clear that we have not expressed any opinion on the
merits of the objections raised by the appellant. The same shall be
considered by the learned Executing Court in accordance with law.
10. We are informed that the Execution Petition is listed before the
learned Executing Court on 04.08.2025. The parties shall appear
before the learned Executing Court for the above-stated purpose on
the said date. We request the learned Executing Court to expedite the
consideration of the objections on merits.
11. The appeal, along with the pending application, is disposed of
in the aforesaid terms.
NAVIN CHAWLA, J
RENU BHATNAGAR, J
MAY 29, 2025
p/kz/SJ
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