M/s Maharishi Ayurveda Products Pvt. Ltd. Vs. Sparsh Builders Pvt. Ltd.

THE DIVISION BENCH OF THE HON’BLE HIGH COURT OF DELHI ISSUES NOTICE IN THE EXECUTION APPEAL AND STAYS THE ORDER PASSED BY THE EXECUTING COURT

• The Execution Appeal was filed against the Impugned Order dated 08.02.2019 and 22.02.2019, vide which the Hon’ble High Court (Single Judge) being Executing Court directed the Judgment Debtor to pay the rentals of the property till 15^th of December’2016.
• The said Judgment of the Single Judge of the Hon’ble High Court of Delhi was challenged under Section 10 of the Delhi High Court Act, 1996 before the Division Bench of the High Court of Delhi by way of the Execution Appeal.
• The submissions were made that the Judgment Debtor is not liable to pay the amounts post 7^th of April’ 2016 as the property got sealed by SDMC due to the non payment of conversion charged by the Decree Holder. Thus, Judgment Debtor/Appellant cannot be fastened with the liability when such property has not been enjoyed by him and got sealed due to the faults of the Decree Holder himself.
• The Hon’ble Division bench of the High Court of Delhi was pleased to Issue Notice to the Respondent and stayed the Execution Proceedings. Furthermore, the amounts for the disputed calculations now needs to be deposited before the Appellate Court and same would be kept in the Fixed Deposit.