Delhi High Court Dismisses Frivolous Objections by Judgment Debtor, Imposes Costs for Litigation Delay

Court Upholds Execution Orders, Directs Payment of Rs. 25,000 for Mala Fide Petition

In a significant ruling, the Delhi High Court has dismissed a petition by Vakeel Ahmed, the judgment debtor, challenging multiple orders by the execution court. The court has also imposed a cost of Rs. 25,000 on Ahmed for filing a frivolous and mala fide petition aimed at resisting the execution of a decree.

The case, titled Vakeel Ahmed v. Kamlesh Gupta, involved Ahmed's persistent attempts to obstruct the execution of a decree in favor of Kamlesh Gupta, the decree holder. The orders under challenge, dated 17th May 2022, 29th April 2024, and 31st May 2024, directed the issuance of warrants for possession, attachment of movable properties, and arrest warrants against Ahmed.

Justice Girish Kathpalia, presiding over the case, noted that Ahmed's sole argument was the alleged restoration of possession of the disputed property to Gupta in October 2014, a claim unsupported by any evidence. The court observed that neither the trial court nor the appellate court accepted this contention, and a second appeal was dismissed for non-prosecution.

Despite filing a suit for specific performance and recovery of possession, Ahmed withdrew his interim application due to an unwillingness to bear costs and has not filed a fresh application since. This, coupled with a similar petition being withdrawn by alleged legal representatives of Ahmed’s brother, led the court to conclude that Ahmed’s actions were deliberately aimed at delaying the execution proceedings.

The court found no merit in Ahmed’s petition and upheld the impugned orders, emphasizing that the litigation was a tactic to frustrate Gupta into abandoning the case. Consequently, the court dismissed the petition with a directive to Ahmed to pay Rs. 25,000 to Gupta within a week.

Bottom Line:

Execution of decree - Frivolous objections by judgment debtor dismissed - Costs imposed for filing mala fide and frivolous petition to resist execution.

Statutory provision(s): Civil Procedure Code

Vakeel Ahmed v. Kamlesh Gupta, (Delhi) : Law Finder Doc Id # 2819332