Shri Harjeet Singh Bhatia v. Smt. Taranjeet Kaur & ORS.
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 36/2026 & CM APPL. 27447/2026 (Ex-parte ad-interim stay) SHRI HARJEET SINGH BHATIA .....Appellant Through:
Mr. Tushar Sharma, Mr. Ashish Tyagi and Mr. Aakash Tyagi, Advocates.
versus SMT. TARANJEET KAUR & ORS.
.....Respondents Through:
Mr. Pulkit Aggarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 24.04.2026 1.
This hearing has been done through hybrid mode. CM APPL. 27448-49/2026 (Exemptions) 2.
Allowed, subject to all just exceptions. Applications are disposed of accordingly.
EX.F.A. 36/2026 & CM APPL. 27447/2026 (Ex-parte ad-interim stay) 3.
The present appeal under Section 96 read with Order XLI read with Order XXI Rule 58 of the CPC seeks the following prayers: "(i) Set aside the order dated 28.03.2026 passed by Hon'ble Court of Shri Sachin Sood, Ld District Judge-01, (Central), Tis Hazari Courts, Delhi in Ex. Civil 6974/2024 Titled "Taranjeet Kaur & Ors. Vs. Harjeet Singh Bhatia" whereby the objections of the Appellant/Judgment Debtor filed under Order XXI read with Section 151 CPC were dismissed; (ii) Allow the objections of the Appellant/Judgment Debtor and hold that the Decree Holders cannot, in execution, seek recovery of the ' Appellant's alleged 41.65% share in the disputed and unadjudicated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
demands raised by Mis Pure Earth Infrastructure Ltd., including escalated sale consideration, maintenance charges, club charges, parking charges, delayed payment penalty, stamp duty, registration expenses and other incidental charges, as the same do not form part of the arbitral award dated 08.01.2018; and (iii) Hold and declare that the builder's subsequent unilateral demands, arising after nearly 35 years of delay and involving escalation from Rs. 9,50,000/- to Rs. 58,31,394/- and allied charges, are independent disputed third-party claims, which cannot be converted into executable inter se liabilities between the parties unless first adjudicated by a competent forum;
(iv) Stay all further proceedings in Execution Petition No. EX 6974/24, including any coercive steps for recovery, deposit, sale deed execution, registration formalities, or any pay-first-and-recover-later mechanism, during the pendency of the present appeal (v) Pass such other decree, order or direction as this Hon'ble Court may in view of the facts and circumstances of the case and in the interest of justice deems fit and proper."
4.
Learned counsel appearing on behalf of the appellant submits that the learned Executing Court had passed the impugned order dated 28.03.2026, without dealing with the objections raised on latter's behalf in detail and had brushed aside the same by observing as under: - ".....The objections as raised do not pertain to enforceability of the award and, in case, the demand raised by the builder i.e. M/s Pure Earth Infrastructure Ltd. is unacceptable to the JD, he is free to take re-course against the said demands in appropriate legal proceedings without prejudice to rights and contentions of M/s Pure Earth Infra-structure Ltd. The objections accordingly stands dismissed."
5.
Learned counsel appearing on behalf of the respondents, who appears on an advance notice, submits that the learned Executing Court has considered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the objections raised on behalf of the appellant. 6.
Be that as it may, with the consent of the parties, the impugned order dated 28.03.2026, passed by the learned District Judge-01 (Central), Tis Hazari Courts, Delhi in Ex. Civil 6974/2024 is hereby set aside and the matter is remanded back to the learned Executing Court to pass a detailed speaking order in accordance with law after dealing with the objections raised on behalf of the appellant as expeditiously as possible. 7.
Pending application(s), if any, also stand disposed of. 8.
Copy of the order be sent to the learned District Judge-01 (Central), Tis Hazari Courts, Delhi for necessary information and compliance. 9.
Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J APRIL 24, 2026/sn/sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.