Delhi High Court - Orders
Gajinder Kumar Loond vs Aanshul Rastogi & Ors on 30 March, 2026
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 85/2025
GAJINDER KUMAR LOOND .....Decree Holder
Through: Mr. Aditya Malhotra and Ms. Eshita
Gupta, Advocates.
versus
AANSHUL RASTOGI & ORS. .....Judgement Debtors
Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 30.03.2026 EX.APPL.(OS) 433/2026 (Application under Order XXI Rule 54 read with Section 151 CPC by the decree holder seeking attachment of immoveable property)
1. The present application has been filed by the decree holder under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter, 'Act') seeking enforcement of the award dated 21.05.2018 and the judgment dated 03.08.2024.
2. Mr. Aditya Malhotra, learned counsel appearing on behalf of the decree holder submits that an arbitral award dated 21.05.20218 was passed in favour of the decree holder. The said award was assailed by the judgment debtors by filing a petition under Section 34 of the Act of 1996, which came to be dismissed by the learned District Judge (Commercial-06), South East, Saket Courts, New Delhi vide judgment dated 03.08.2024.
3. An appeal under Section 37 of the Act preferred against above 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 01/04/2026 at 21:23:22 judgment by the judgment debtors also came to be dismissed by the Division Bench of this Court in FAO (COMM) 183/2024 vide order dated 23.01.2025.
4. Mr. Malhotra has invited attention of the Court to the affidavit of service to submit that notices issued by this court were sent to the judgment debtors by registered post as well as through courier. However, the same were returned with remarks that the judgment debtors have not been found at the given address, nevertheless the judgment debtors have been served through e-mail and whatsapp.
5. Having regard to the facts that the speed post as well as courier have been returned with remarks that no such person was present at the given address.
6. Learned counsel appearing on behalf of the decree holders submits that he will take steps to serve the judgment debtors by substituted means.
7. He further contends that decree holder has been able to identify the property, which is in the name of judgment debtor no.2, i.e., property bearing no. 43/16, East Patel Nagar, New Delhi-110008. To support his contention, learned counsel has brought to the attention of the Court a print out from the Property Tax Portal of the MCD, whereform it is borne out that the said property has been mutated in the name of judgment no.2/Gaurav Parwani.
8. He submits that there is every possibility that the said judgment debtor may dispose of the said property frustrating the award in favour of the decree holder, the execution of which is being sought in the present petition.
9. Having regard to the submissions made by the learned counsel for the 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 01/04/2026 at 21:23:22 decree holder, the aforesaid property, i.e., property bearing no. 43/16, East Patel Nagar, New Delhi-110008 is hereby attached and the judgment debtor no.2 is restrained from transferring or charging the said property in any manner. Let warrant of attachment be executed forthwith and the present order be also communicated to the concerned Sub-Registrar.
10. Re-notify on 19.08.2026.
VIKAS MAHAJAN, J MARCH 30, 2026/jg 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 01/04/2026 at 21:23:22