M/S Swastik Industries & ANR v. M/S Astha Chemicals

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 360/2017 & CM No.12663/2017 (for stay) SWASTIK INDUSTRIES & ANR ..... Petitioners Through:

Mr. Samit Khosla, Adv.

Versus

ASTHA CHEMICALS ..... Respondent Through:

Mr. Satyajit Patra, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 27.07.2017 1.

This petition under Article 227 of the Constitution of India impugns the order dated 18th February, 2017 in Ex. No.143/2016 of the Court of Additional District Judge (North-East)-01, Karkardooma Courts, Delhi. 2.

By the impugned order, warrants of attachment of the factory goods / machineries of the petitioners/judgment debtors were ordered to be issued. 3.

The petition came up before this Court first on 31st March, 2017 when the counsel for the respondent/decree holder appeared on advance notice. Subject to the petitioners/judgment debtors paying to the respondent/decree holder a sum of Rs.1 lakh, the operation of the impugned order was stayed. 4.

The said sum of Rs.1 lakh is stated to have been paid. 5.

On enquiry, the counsel for the respondent/decree holder states that the decree was for over Rs.13.30 lakhs and out of which Rs.7 lakhs odd has been paid.

CM(M) 360/2017

6.

Neither does the petition disclose any ground for challenge to the impugned order nor is the counsel for the petitioners/judgment debtors during the hearing able to disclose so. The only request is to give further time to the petitioners/judgment debtors to make payment and/or to refer the parties to mediation.

7.

This Court, in exercise of powers under Article 227 of the Constitution, cannot be converted into an Executing Court. 8.

The petition is dismissed.

9.

The warrants of attachment ordered to be issued be now issued forthwith.

No costs.

RAJIV SAHAI ENDLAW, J.

JULY 27, 2017 bs..

CM(M) 360/2017