M/S Gupta Iron And Brass Works LTD. vs. Harpreet Motors PVT. LTD
Original PDF →Facts
The petitioner, M/s Gupta Iron and Brass Works Ltd., filed a petition under Section 36 of the Arbitration and Conciliation Act, 1996, seeking to enforce an award/settlement agreement dated 29.11.2024. The reliefs sought included a warrant of attachment of property, appointment of a Local Commissioner to take possession of the property at 29 Najafgarh Road, New Delhi, police assistance for the Local Commissioner, and attachment of the judgment debtor's bank account for Rs. 35,06,917.00. The judgment debtor is Harpreet Motors Pvt. Ltd. The vacant possession of the subject property was handed over to the decree-holder on 07.07.2025. The judgment debtor's counsel admitted outstanding rent for June and up to 07.07.2025, along with applicable GST.
Held
The Court noted that the vacant possession of the subject property had been handed over to the decree-holder on 07.07.2025. The judgment debtor's counsel fairly conceded that the rent for the month of June and up to 07.07.2025, along with the applicable GST, was outstanding and undertook to pay it within 15 days from the date of the order. The Court also noted that the advance cheque given by the judgment debtor would not be encashed. Regarding the damages caused to the property, which were disputed by the judgment debtor, the decree-holder was granted liberty to pursue their legal rights. The petition was disposed of in terms of these understandings.
Key Issues
1. Whether the outstanding rent for June and up to 07.07.2025, along with applicable GST, is payable by the judgment debtor to the decree holder, as per the settlement agreement dated 29.11.2024, and if so, when it should be paid? Petitioner's Contention: The petitioner sought enforcement of the award/settlement agreement, including attachment of property and bank account for outstanding dues. Revenue/State's Contention: The judgment debtor's counsel conceded that the rent for June and up to 07.07.2025, along with applicable GST, is outstanding and stated it would be paid within 15 days. The judgment debtor disputed damages caused to the property.
Sections Cited
Section 36, Section 27
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R % 14.10.2025
This is a petition filed under Section 36 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs: a. “issue a warrant of attachment enforcing the award/settlement agreement dated 29.11.2024 bearing PIM No. 71 /24 as entered into between the parties under Section 27 of the Mediation Act, 2023 before the Delhi High Court Mediation Centre, New Delhi attaching the property bearing No. 29 Najafgarh Road, New Delhi-110015; and/or b. appoint a local Commissioner to take over the vacant peaceful possession of the property, i.e. 29 Nazafgarh Road, New Delhi after making the details of the inventory lying at the premises and subsequent handing over the possession of the same to the Petitioner I Decree Holder c. Direct SHO, P.S. Moti Nagar, New Delhi to provide adequate police for the assistance of the Ld. Local This is a digitally signed order. 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 25/10/2025 at 11:53:55
Commissioner in taking vacant peaceful possession of the subject property i.e. 29 Nazafgarh Road, New Delhi- 110015, d. attach the bank account of the Judgment debtor bearing account number 34614588323, IFSC SBIN 000 4849, Sate Bank of India (04849), SME BR, Rohtak Raod, IND Complex, A-3, DSIDC, Near Udyog Nagar, New Delhi-110041 for a sum of Rs. 35,06,917.00 towards the outstanding as well as the dues towards delay in handing over the possession”
With regard to the subject property, i.e. 29, Najafgarh Road, New Delhi-110015 the vacant and peaceful possession of the subject property, has been handed over to the decree-holder on 07.07.2025. 3. Mr. Anand, learned counsel for the judgment-debtor very fairly states that the rent for the month of June and further till 07.07.2025 along with applicable GST is outstanding, which shall be paid within a period of 15 days from today.
Mr. Kumar, learned counsel for the decree-holder states that the advance cheque given by the judgment-debtor shall not be encashed.
As regards the damage caused to the property is concerned (which is disputed by the judgment-debtor), the decree-holder is at liberty to avail his legal rights in that regard.
The petition is disposed of in aforesaid terms. JASMEET SINGH, J OCTOBER 14, 2025/sp This is a digitally signed order. 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 25/10/2025 at 11:53:55
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.