Chadresh Kumar Gupta And Anr vs M/s KLA Construction Technologies Pvt Ltd

Rajneesh Kumar Gupta, J

This hearing has been conducted through hybrid mode.

The present petition has been filed by the petitioners under Article 227 of the Constitution of India, 1950 seeking the following reliefs:

“A.Issue appropriate order/direction for setting aside order dated 08.01.2026 in Execution (Comm.) No. 91 of 2024 passed by the Court of Mr. Deepak Garg, District Judge, Commercial Court-9, Central District, Tis Hazari Court, Delhi; and

B) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

Learned counsel for the respondent/DH appears on advance notice and accepts notice.

Heard. Record perused.

The relevant portion of the  impugned order dated 08th January, 2026, reads as under:

“Further an application moved on behalf of DH U/O XXI, Rule 37 r/w Section 151 CPC for seeking civil imprisonment of the Directors of the JD company is also pending disposal.

Inspite of notice, no reply to this application has been filed on behalf of JD till date. It appears that JD has nothing to say on this application.

Proxy counsel for the JD seeks some more time. In my view, there is no ground for the same.

The JD has been blatantly disobeying the directions of the court despite repeatedly indulgence granted to it. The law in  this  regard  has  already  been  settled,  not  only  by  way  of statute U/OXXI Rule 4l(3) CPC but also by the judgment of Hon'ble  High  Court  in Bhandari Engineering & Builders Pvt. Ltd. Vs. Maharia Raj Joint Venture and Ors. MANU/DE/1497/2020. The court cannot become a mute spectator where the JD is not only abusing the process of law but also depriving the DH from ripening fruits of legally contested decree which has become a dead nail as no appeal has  been  preferred.  The  court  is  left  with  no  option  but  to order of detention of JD for civil Imprisonment in accordance  with order XXI  Rule 41(3)  CPC as the Hon'ble Apex court has repeatedly emphasized that the execution proceedings must be disposed of at the earliest.

Accordingly, issue Warrants of Arrest of Mr. Karun Gupta and Mr. Chandresh Kumar Gupta, who are stated to be the Directors of the JD company to commit them for Civil Imprisonment on filing of PF and requisite subsistence allowance for a period of one month. The order of detention shall continue for a period of one month from the date of such detention. Order accordingly.”

Learned counsel for the petitioners submits that if granted an opportunity, the petitioners shall file their reply to application under Order XXI Rule 37 read with Section 151 of Code of Civil Procedure, 1908 (CPC), within a period of two weeks’ from today and shall place all their contentions before the Execution Court.

Keeping in view the facts and circumstances of the case, this Court is of the  opinion  that  it  is  in  the  interest  of  justice  that  one  more  opportunity be granted to the petitioners  to file their reply. Accordingly, the petitioners are directed to file their reply within a period of two weeks’ from today before the Execution Court. Thereafter, the application filed by the respondent/decree-holder  under  Order  XXI Rule  37 read  with  Section  151 CPC shall be considered afresh by the Execution Court after taking into consideration  all  the  rights  and  contentions  of  the  parties.  Accordingly,  the impugned order passed on the application under Order XXI Rule 37 read with Section 151 CPC is set aside.

The  petition  is  disposed  of  in  the  above-stated  terms.  All  rights  and contentions of the parties are left open to be decided by the Execution Court. Pending application(s), if any, also stands disposed of.