M/S D S GLOBAL PVT LTD v. M/S IND SYNERGY LTD

1. The present application has been moved by the petitioner seeking clarification that though, the requisite relief has been granted to the petitioner vide judgment dated 29.04.2025, somehow, it is not mentioned in the judgment that the impugned order i.e. order dated 30.05.2019 stands set aside.

2. Learned counsel for respondent appears on advance notice and contends that judgment dated 29.04.2025 is, otherwise, amply clear and does not require any clarification.

3. This Court has gone through the abovesaid order and after hearing both the parties, the abovesaid petition was disposed of with direction to learned Executing Court to consider the reply filed by the petitioner and then to dispose that of, in accordance with law, after giving due opportunity of hearing to both the sides. The order which CM(M) 1018/2019 2 was impugned before this Court was order dated 30.05.2019 whereby the learned Executing Court had issued warrants of arrest of the Directors of the Judgment Debtor Company.

4. For all practical purposes, the abovesaid order does not survive anymore, in view of disposal of the petition by virtue of aforesaid judgment dated 29.04.2025. However, since both the counsel are present today and in order to repel any misapprehension in the mind of petitioner, the application is disposed of with clarification that in view of the disposal of the petition in question, the impugned order dated 30.05.2019 stands set aside and the warrants of arrest stand recalled. However, the learned Executing Court, in terms of the observations already recorded in order dated 29.04.2025, would proceed further with the matter and would be at liberty to pass appropriate orders.

5. The application stands disposed of accordingly.

6. This order be also uploaded as a corrigendum to order dated 29.04.2025.

MANOJ JAIN, J MAY 8, 2025 st/js