Mrs. Simmi Dhawan vs Mr. Naveen Malhotra

$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 13 October 2026
Pronounced on: 29 October 2026
# CNR No. DLHC010462862019
+ EX.P. 107/2019
MRS. SIMMI DHAWAN .....Decree Holder
Through: Mrs. Kajal Chandra,
Mr.Ananyay Bhardwaj,
Ms. Hatneimawi and
Mr.Suyash Swarup, Advs.
versus
MR. NAVEEN MALHOTRA .....Judgement Debtor
Through: Mr. Naveen Malhotra and
Ms. Chanchal, Advs. for
JD-9 & 10
CORAM:
HON'BLE MR. JUSTICE VINOD KUMAR
O R D E R
% 29.10.2026
EX APPL (OS) 1512/2026 (67 days’ delay in filing appeal)
1. This is an application filed by the applicant-respondent
No.6 seeking condonation of 67 days’ delay in filing the present
chamber appeal.
2. I have heard the submissions of learned counsel for parties.
3. For the reasons stated in the application, the delay of 67
days in filing the chamber appeal is condoned, subject to
payment of cost of Rs.20,000/- to be paid to the decree-holder.
4. Accordingly, the application is allowed.
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:30.10.2026
11:59:31
Ex Appl (OS) 1512/2026 and O.A.278/2026 in Ex.P.107/2019 Page 1 of 4

O.A. 278/2026 (chamber appeal against order dated
11.03.2026)
5. This is a chamber appeal filed under Chapter II Rule 5 of
the Delhi High Court (Original Side) Rules, 2018 by the
respondent No.6-Punjab National Bank praying for setting aside
the order dated 11.03.2026 to the extent it closes the right of the
appellant-Bank to lead evidence while permitting the Bank to
rely upon its evidence affidavit filed before this Court.
6. An execution petition EX.P. 107/2019 is filed by the
decree-holder, namely Mrs. Simmi Dhawan, to execute a decree
dated 07.05.2019 passed in CS(OS) No.984/2014 titled as Simmi
Dhawan v. Naveen Malhotra & Ors by this Court. The relevant
operative part of the above judgment is reproduced as under:
“Accordingly, a decree of specific performance is passed
in favour of the Plaintiff – Smt. Simmi Dhawan against
the Defendant – Sh. Naveen Malhotra in respect of
property bearing no. No.B-24, land area measuring 305
sq.yds. approx., along with front half portion of Garage,
situated in the residential colony known as 'Kailash
Colony' at Village Zamrudpur, on Lajpat Nagar and
Kalkaji Link road, in Delhi. Further, a decree of
possession is also passed in favour of Mrs. Dhawan
directing Mr. Malhotra to deliver the vacant and peaceful
possession of the suit property. Till the sale deed is
executed and possession is transferred to Mrs. Dhawan,
there shall be a permanent injunction restraining Mr.
Malhotra from creating any third party interest in the suit
property.”
7. Learned Counsel for the decree-holder took the Court
through order dated 18.02.2026 whereby, the learned Joint
Registrar directed respondent No.6 to 10 to conclude their
evidence, failing which, their evidence would stand closed.
Thereafter, vide impugned order dated 11.03.2026, since none
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:30.10.2026
11:59:31
Ex Appl (OS) 1512/2026 and O.A.278/2026 in Ex.P.107/2019 Page 2 of 4

appeared on behalf of respondent No.6 to 10, their right to lead
evidence was closed. Aggrieved by this order, the appellant is in
the Chamber appeal.
8. Learned Counsel for the appellant-Punjab National Bank
submits that the decreed suit property is mortgaged with the
appellant-Bank and since, there are multiple mortgagee(s)/Banks
involved in the present execution petition, it is requisite for the
Bank to place on record material documents that are critical to
the matter.
9. Learned Counsel for the appellant-Bank further submits
that once an evidence affidavit had already been filed by a party
to the proceeding, the right to lead evidence cannot be closed by
an adjudicating Court merely on the ground of non-appearance
on one date.
10. On the other hand, learned counsel for the decree-holder
submits that allowing the present appeal after such considerable
lapse of time would be unjust to the decree holder.
11. I have considered the submissions advanced by learned
counsels for the parties.
12. From the perusal of the record, it is clear that the appellant
has claimed a valuable right over the property. Appellant has
already filed its evidence affidavit. It is true that the appellant-
Punjab National Bank had been extremely negligent in pursuing
this case but at the same time it would not be appropriate to stop
it from presenting its case before the Joint Registrar.
13. Accordingly, I set aside the impugned order dated
11.03.2026. The Joint Registrar will grant one more opportunity
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:30.10.2026
11:59:31
Ex Appl (OS) 1512/2026 and O.A.278/2026 in Ex.P.107/2019 Page 3 of 4

to the appellant to lead its evidence.
14. Let parties appear before Joint Registrar on 04.11.2026
15. With this direction, the present Chamber appeal stands
allowed.
VINOD KUMAR, J
OCTOBER 29, 2026 / vb
Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:30.10.2026
11:59:31
Ex Appl (OS) 1512/2026 and O.A.278/2026 in Ex.P.107/2019 Page 4 of 4