Jaspal Singh Bajwa v. Jaydeep Metals

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 184/2017 & CM No.30427/2017 (for stay) JASPAL SINGH BAJWA ..... Petitioner Through:

Mr. Amitesh Kumar, Adv.

Versus

JAYDEEP METALS ..... Respondent Through:

Mr. Roshan Santhalia, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.10.2017 1.

This order is in continuation of the earlier order dated 24th August, 2017. 2.

The respondent is reported to be served and the counsel for the respondent appears.

3.

The counsel for the respondent though states that either the petitioner or his father were / are the proprietor of the judgment-debtor M/s Allied Engineering Company but otherwise fairly states that till a finding to the said effect is returned in an appropriate proceeding, the order impugned of issuance of warrants of arrests of the petitioner cannot be sustained and no coercive steps can be taken against the petitioner till such a finding is returned against the petitioner. 4.

In this view of the matter, the petition is allowed. 5.

The impugned order dated 21st July, 2017 is set aside. 6.

The respondent shall have liberty to take appropriate proceedings for determination as to whether the petitioner is the proprietor of the judgment-debtor M/s Allied Engineering Company. Needless to state that all objections shall remain open to the petitioner in response thereto. No costs.

RAJIV SAHAI ENDLAW, J OCTOBER 23, 2017 „gsr‟..