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EFA(OS) 13/2017 and CM APPL. 14832-34/2017, 14942/2017
ESPIRE CONSOLIDATED SERVICES PVT LTD Appellant
Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Munindra Dvivedi and Ms. Divya Bhalla, Advocates
Through; None
MARADHATRpSf \ Appellant
ThroughrJ^ptfdhir Nandrajpg, Senior Advocate Xversus^;'
LG
ELECTRONICsl^l^fe^^^'^" Respondent
Through: None"^
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
21.04.2017
ORDER
1. The appellants are aggrieved by the orders dated 27.02.2017 and 27.03.2017 passed in CS(OS) 762/2000 and EX.P. 17/2003, whereunder EFA (OS) 13-14/2017 2017:DHC:9091 warrants of attachment have been issued in respect of premises No.A-41, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi, and further, the rent and charges payable by the occupants ofthe said premises have been directedto be paid hereafter, in the Court.
2. Mr. Sandeep Sethi, learned Senior Advocate appearing for the appellant in EFA(OS) 13/2017 and Mr. Sudhir Nandrajog, learned Senior Advocate appeai-ing for the appellant inEFA(OS) 14/2017 point out that the appellant in EFA(OS) 13/2017 is the owner of the subject premises and the appellant in EFA(OS) 14/2017 has a right to recover the rent being fetched by the said premises in terms of the^MQU executed with the appellant in EFA(OS) 13/2017. They sybmiphaWoth"^^^ orders have been passed behind the back of the appdjlmtsfrwho were, neither impleaded in the suit proceedings and nor ^re they pai^iesfeififthe execution proceedings.
3. We are of the 'opinion thalf^efore filing the^^ present appeals, the appellants ought to have^irst iMse^lheir!^^ beibre the learned Single Judge. Taking into consideratibnj,the=factthiit it/i§the stand ofthe appellants that they are notliable to payany'ammihtuhder the impugned judgment and decree, which as per them, is directed against the parties arrayed as defendants No.l to 7 in CS(OS) 762/2000, that was decreed on 06.09.2002, they are granted liberty to approach the learned Single Judge by filing appropriate applications in the execution petition and placing on record the grounds taken in the present appeals, to assail the impugned orders.
4. We understand that the execution petition is listed before the learned Single Judge today. The parties shall be at liberty to inform the learned Single Judge that they shall soonbe filing appropriate applications in this EFA (OS) 13-14/2017 Page 2 of[3] •V regard. As and when filed, the said applications shall be considered and decided in accordance with law, as expeditiously as is possible.
5. The appeals are disposed ofalongwith the pending applications.
APRIL 21,2017 rkb/mk/ap EFA (OS) 13-14/2017 SANGIT rill,.A •% Mr ) HIMA KOHLI, J HGAL,J Page 3 of[3]