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High Court of DelhiW.P.(C)/7266/2026

Nbcc India Ltd. v. Rajeshwari Realty Pvt Ltd. & ORS.

2026-05-22Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7266/2026, CAV 256/2026 and CM APPL. 35529/2026 NBCC INDIA LTD.

....Petitioner Through:

Mr. Debarshi Bhadra, Advocate.

versus RAJESHWARI REALTY PVT LTD. & ORS.

.....Respondents Through:

Mr. J Sai Deepak, Sr. Advocate with Mr. Abhishek K Singh, Mr. Saurabh Kumar, Mr. Saksham Chaturvedi, Ms.

Purnima Vashishta, Advocates for R1.

Mr. Siddharth Panda with Mr. Ritank Kumar and Mr. Anil Pandey, Mr.

Akshay Vaid, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 22.05.2026 1.

The sole grievance raised by the petitioner pertains to the continuation of the execution proceedings despite the petitioner's appeal being pending before the Appellate Authority, namely the Real Estate Regulatory Authority ("RERA"). It is contended that, in the absence of the Presiding Officer, no effective orders can presently be passed in the appeal. 2.

The Court has considered the various interim orders passed by the Executing Court and observes that, till date, no coercive action has been taken against the petitioner. It appears that the Executing Court has only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 13:07:43

made certain ad-hoc arrangements to address the grievance, which is imminent in nature.

3.

Accordingly, the Court directs that no coercive measures shall be taken against the petitioner by the Executing Court until the Presiding Officer assumes charge before the Appellate Authority. However, in the interregnum, the Executing Court shall remain at liberty to pass such directions or adopt such measures as may be necessary, having considered the submissions made by both parties.

4.

It is clarified that the aforesaid directions shall not be treated as a stay of the execution proceedings. The question of stay shall eventually be considered and decided by the Appellate Authority. 5.

With these observations, the instant petition stands disposed of. Pending applications also stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J MAY 22, 2026 Nc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 13:07:43