Full Judgment Text
Neutral Citation Number 2023:DHC:3196
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on 03.05.2023
+ CM(M) 719/2023
MR INDER MOHAN SINGH & ORS ..... Petitioner
versus
NAVNEET KAUR & ORS ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Gurinder Pal Singh, Mr. Sidharth
Borah and Ms. Jaya Bajpai, Advocates
For the Respondent : Mr. Rajat Manchanda and Ms. Megha
Gaur, Advocates for R-1 to 4.
Mr. Abhay Dixit, Advocate for R-5.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 22480/2023
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 719/2023
3. Petitioners are before this Court invoking the powers of this Court
under the supervisory jurisdiction as conferred by virtue of Article 227
of Constitution of India in respect of the matter pending before the
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
15:44:12
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Neutral Citation Number 2023:DHC:3196
designated Commercial Court-06 at the Central District in the Courts at
Tis Hazari.
4. Mr. Gurinder Pal Singh, learned counsel appearing for the
petitioner submits that despite the fact that the award was passed in the
year 2018, the execution whereof has been hanging fire since then and
the execution as well as the objections under Section 34 have not yet
been decided despite the matter having been taken up by various
designated Presiding Officers of the Commercial Court in the
interregnum.
5. Learned counsel has taken this Court to the innumerable order
sheets placed before this Court to show that though the learned
Presiding Officers have been hearing the matter continuously on various
dates, but for some reason or the other were not able to pass final orders.
6. Learned counsel submits that even the last judicial officer had
heard the matter at length on number of dates, however, on account of
the transfer was unable to complete the said proceedings. Learned
counsel further submits that the next incumbent to occupy the
Commercial Court-06 has not been notified as yet and on that account
the objection petition as well as the decree is in limbo.
7. Mr. Rajat Manchanda, learned counsel appears for respondent
nos. 1 to 4 and Mr. Abhay Dixit, learned counsel appears for respondent
no.5
8. Mr. Dixit, learned counsel for respondent no.5 submits that he has
no objection in case the oral prayer as made by the learned counsel for
the petitioners today is agreed to, however, he objects to the prayer
clause (b) by virtue of which the petitioners are seeking deprivation of
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
15:44:12
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Neutral Citation Number 2023:DHC:3196
rights to address the learned Trial Court.
9. Learned counsel for respondent nos. 1 to 4 submits that the
petition is not maintainable as no writ of Mandamus can be passed in
such circumstances.
10. This Court has considered the submissions made by learned
counsel for the respective parties and is of the considered opinion that
the grievance of the petitioners cannot be circumscribed and limited by
the prayers made in the present petition. This Court is of the considered
opinion that the prayers may be and are, ignored. What is relevant for
this Court is to consider the pendency and the manner in which the said
objection petition as also the execution petition has been dealt with.
11. In view of the aforesaid and in exercise of the powers of
superintendence over the subordinate Courts conferred under Article
227 of Constitution of India, this Court directs the Principal District and
Sessions Judge, Central District, Tis Hazari, to withdraw OMP
(COMM) No. 30/2019 as also the Ex. Pet. No. 915/2018 pending before
the Commercial Court-06 to be reassigned to any other Commercial
Court, which is functional at the moment, for hearing and disposal of the
aforesaid OMP as well the Execution Petition.
12. The Principal District and Sessions Judge is also directed, apart
from reassigning the said petitions, to request the freshly assigned
Commercial Court to dispose of the aforesaid petitions expeditiously,
not later than six months from today.
13. The freshly assigned Commercial Court may draw up the
timelines of the arguments so as to ensure that the parties adhere to the
same and the petitions are disposed of within the time limits.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
15:44:12
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Neutral Citation Number 2023:DHC:3196
14. The parties may appear before the Principal District and Sessions
Judge on 12.05.2023. The counsel present here have consented to the
date fixed.
15. The petition is accordingly disposed of with no order as to costs.
16. The order be sent forthwith to learned Principal District and
Sessions Judge, Delhi.
TUSHAR RAO GEDELA, J.
MAY 03, 2023
Aj
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:10.05.2023
15:44:12
CM(M) 719/2023 Page 4 of 4