Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9
Ex. - Award by Arb. 30/26
M/S SUNDARAM FINANCE LIMITED Vs. MR. PRADEEP KUMAR
18.09.2026
Present : Mr. Harshit Singhal, Ld. Counsel for DH.
Mr. Pankaj Kumar, Ld. Counsel for JD no.1.
Warrants of attachment issued against JD no.1 received back unexecuted
with the report that no property of the JD worthy of attachment, was found.
An application has been filed on behalf of DH for arrest of the JD no.1
under Order XXI Rule 38 and 39 CPC. Copy supplied to the opposite side.
Ld. Counsel for JD submits that he will file a reply to the aforesaid
application. He has argued that the award has not been properly passed and the amount in
question is incorrect due to non-furnishing of relevant documents and statement by the
DH. Such argument is found to be completely bereft of any merit for the reason that this
court cannot go behind the award/decree under execution. Furthermore, considering that
all other steps have been taken for the execution already, the court finds it fit and proper
to proceed with arrest of the JD. It is not even the argument of the JD that he shall make
the entire / part payment and comply with the order under execution.
It is noticeable that it is an admitted position that there is no stay over the
present execution proceedings filed by the DH despite pendency of the challenge made
by JD no.1 to the award under execution dated 05.09.2025 under Section 34 of the
Arbitration and Conciliation Act, 1996. It is also noticeable that despite issuance of
warrants of attachment, the property of the JD could not be attached as no property worthy
of attachment, was found.
-- 1 of 2 --
In these circumstances, bereft of any other option, on filing of PF as well as
deposition of subsistence allowance by the DH within seven days from today, issue
warrants of arrest of the JD no.1.
The SHO of the concerned police station is directed to render assistance to
the bailiff for execution of the warrants. The JD no.1 be taken into custody for a period of
10 days.
DH is directed to appear before the office of Ld. Administrative Civil
Judge, North, Rohini Courts, for appointment of bailiff on 09.10.2026 and for report on
30.10.2026.
(Bharat Aggarwal)
JSCC-cum-ASCJ (North)
Rohini Courts, Delhi
18.09.2026
-- 2 of 2 --