Mayasheel Retail Llp vs Pal Arcade Through Mr. Jasveer Singh
2024 Latest Caselaw 3207 MP

Madhya Pradesh High Court

Mayasheel Retail Llp vs Pal Arcade Through Mr. Jasveer Singh on 2 February, 2024

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        MP No. 5315 of 2023
                                (MAYASHEEL RETAIL LLP Vs PAL ARCADE THROUGH MR. JASVEER SINGH AND OTHERS)

                           Dated : 02-02-2024
                                 Counsel for the petitioner is present.

                                 Counsel for respondents no.1 to 4 is present.

Counsel for respondent no.5 is present.

The fact of the case is that the petitioner is a tenant of the subject property. He transacts the business for sometime and thereafter due to Covid-

19, he could not pay the rent to the landlord.

The landlord filed a suit against the tenant/petitioner for recovery of amount and ex-parte decree was passed by the learned trial Court, subsequently, execution petition was filed before the trial Court for execution of decree. Challenging the said execution proceeding, petitioner filed this petition stating that the landlord suppressed the fact of appointment of Arbitrator and proceeding pending before him. This Court granted the stay on 15.09.2023.

The landlord/respondents no.1 to 4 have not taken any step to challenge the appointment of Arbitrator till date and in the meanwhile, respondent no.5

purchased the subject property and if this transaction is really bona fide, he would have taken steps to appoint Advocate Commissioner to make inventory and take possession on the subject property. No such steps have been taken by the respondents no.5.

In such circumstances, now the question before this Court is "whether the respondents/landlord can go on execution proceeding basing on the ex- parte decree which is not satisfied by the Court below is questioned now" and the order passed by the executing Court is in Hindi language.

Counsel for the petitioner is directed to file a translated copy of order dated 24.07.2023 for expeditious disposal of the petition.

Post the matter on 01.03.2024.

Interim relief granted earlier shall be extended till then. If the petitioner shall not file the translated copy of the order dated 24.07.2023 by 01.03.2024, the interim relief granted earlier shall be automatically vacated in view of the judgment of Hon'ble Supreme Court reported in (2018) 16 SC 299 (Asian Resurfacing of Road Agency Private Ltd. and Anr. Vs. Central Bureau of Investigation).

(DUPPALA VENKATA RAMANA) JUDGE

vibha