Delhi High Court
Naveen Kumar vs Sunil Kumar on 17 November, 2025
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.11.2025
+ CM(M) 2189/2025 & CM APPL. 71696/2025
NAVEEN KUMAR .....Petitioner
Through: Mr. Amit Kumar Jain, Advocate
versus
SUNIL KUMAR .....Respondent
Through: None
CORAM: JUSTICE GIRISH KATHPALIA
O R D E R (ORAL)
1. Petitioner/Judgment Debtor has assailed order dated 09.10.2025 of the
learned execution court, whereby warrants of arrest against him were
ordered returnable on 14.11.2025. It is informed by learned counsel for
petitioner/Judgment Debtor that on 14.11.2025 also, fresh arrest warrants
have been ordered returnable on 06.12.2025. Having heard learned counsel
for petitioner/Judgment Debtor, I do not find it a fit case to even issue
notice.
2. The impugned order deals with an objection of the
petitioner/Judgment Debtor as regards territorial jurisdiction of the
execution court.
3. It is contended by learned counsel for petitioner/Judgment Debtor that
CM(M) 2189/2025 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
Digitally Signed
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
By:NEETU N NAIR 15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2025.11.17 17:38:47 -08'00'
Signing Date:17.11.2025
17:43:34
the execution court of Shahdara District has no territorial jurisdiction to deal
with the subject execution proceedings because the petitioner/Judgment
Debtor is residing in Karawal Nagar, which falls under the jurisdiction of
North-East District. No other objection has been raised.
4. Admittedly, and as noted in the impugned order, when the execution
petition was filed, address of the petitioner/Judgment Debtor was of Jhilmil
Colony which falls within the jurisdiction of Shahdara District and the
dispute was even settled between the parties, after which few part payments
were made by the petitioner/Judgment Debtor to the respondent/Decree
Holder. But subsequently, the petitioner/Judgment Debtor stopped making
payments. Rather, the petitioner/Judgment Debtor even stopped appearing
before the execution court, so arrest warrants were issued but the same
returned unexecuted. In these circumstances, the learned execution court
delivered a finding and rightly so, that the petitioner/Judgment Debtor is
intentionally evading the process of law.
5. As regards the territorial jurisdiction, it is not disputed that the same
would be decided on the basis of the address at the time of institution of the
proceedings. Admittedly, at the time of institution of the subject execution
proceedings, address of the petitioner/Judgment Debtor was of Jhilmil
Colony, which falls within the territorial jurisdiction of Shahdara District.
6. Therefore, I find no infirmity in the impugned order. The impugned
order is upheld and the present petition is dismissed with cost of Rs.10,000/-
to be deposited by petitioner/Judgment Debtor with DHCLSC within one
week. Accompanying application also stands disposed of.
CM(M) 2189/2025 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec4556
9af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
Digitally Signed KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155709
96b40f80cbd2eee60402c487965ff801e26fa,
By:NEETU N NAIR cn=GIRISH KATHPALIA
Date: 2025.11.17 17:38:34 -08'00'
Signing Date:17.11.2025
17:43:34
7. For compliance as regards cost, copy of this order be sent to the
learned execution court forthwith.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Date: 2025.11.17 17:38:18 -08'00'
GIRISH KATHPALIA
(JUDGE)
NOVEMBER 17, 2025/as
CM(M) 2189/2025 Page 3 of 3 pages
