AI Structured Summary
Not yet generated for this judgment
Judgment
TUSHAR RAO GEDELA, J. (ORAL)
The petitioner challenges the order dated 19.01.2023 passed in Ex. (Comm) 13/2023 titled Davinder Kumar vs. Imaginearc Infrastructure Pvt. Ltd, whereby the learned Executing Court had refrained from issuing notice to the judgment debtor on the ground that the statutory period of appeal had not lapsed as on that date.
Mr. Rajat Arora, learned counsel appearing for the petitioner/decree holder submits that there was no occasion for the learned Executing Court to have delayed the issuance of notice to the respondent/judgment debtor on the ground that statutory period of the appeal has not lapsed yet.
In view of the aforesaid, learned Executing Court is directed to issue notice to the respondent/judgment debtor forthwith and proceed with the execution proceedings in all earnest and in accordance with the judgment of Hon’ble Supreme Court in Rahul S. Shah vs. Jinendra Kumar Gandhi reported in (2021) 6 SCC 418.
The learned Executing Court shall also keep in mind the time frame as stipulated by the Hon’ble Supreme Court in the judgment of Rahul S. Shah (supra) while conducting the execution proceedings.
In view of the aforesaid, the petition is disposed of with no order as to costs.