The Commercial Court at Saket, New Delhi, presided over by District Judge Sudesh Kumar, delivered a significant and much awaited ruling with respect to execution proceedings by issuing warrants of attachment against the movable properties of a judgment debtor who had consistently failed to discharge his duties as a judgment debtor.
The court firmly rejected the judgment debtor’s contention regarding the maintainability of the petition based on his overseas residence. Further, the Court emphasized that deploying such escape tactics and consistent non-compliance with court directives cannot be allowed to halt the execution of a validly passed decree.
The execution petition was instituted by the decree holder, seeking the execution of a judgment passed under Order XII Rule 6 of the Code of Civil Procedure, 1908, along with a decree dated November 15, 2025. The underlying suit had been duly contested by the judgment debtor, during the trial stage. Following the initiation of execution proceedings in early January 2026, notice was formally accepted by the counsel for the judgment debtor. However, during the substantial argument of the Judgment was that the execution petition was not maintainable on the ground that the judgment debtor resides in the United States. The same was defended by the counsel for the Decree Holder.
Upon hearing arguments from both sides, the court observed that the judgment debtor had deliberately delayed the proceedings without sufficient cause despite being afforded ample opportunity. The court found no real legal merit in the challenge to maintainability by the judgment debtor and held that residing abroad does not shield a party from execution when the court has established sufficient jurisdiction.
Consequently, the court ordered the issuance of warrants of attachment for the movable articles of the judgment debtor upon the filing of process fee and the list of properties. The decree holder was directed to appear before the Administrative Civil Judge for the appointment of a court bailiff to execute the order.
The Decree holder was represented by Mr. Himanshu Sachdeva, Senior Associate and Ms. Mahima Rathore, Associate .
Order Link: https://www.maheshwariandco.com/wp-content/uploads/2026/08/sarna-attacment-order.pdf