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M/s Satish Chand Rajesh Kumar Pvt. Ltd. vs. New Delhi Municipal Council

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8764Decided 5 Oct 2026New Delhi Bench
OMP (ENF.) (COMM.) 2/2025CNR: DLHC010000422025
Justice Om Prakash Shukla

Background

The decree holder, M/s Satish Chand Rajesh Kumar Pvt. Ltd., had filed an enforcement petition (OMP (ENF.) (COMM.) 2/2025) against the New Delhi Municipal Council, the judgment debtor, to enforce a decision in its favour. The petition was pending in the High Court when the decree holder sought to withdraw it.

Decision Breakdown

On 5 October 2026, the decree holder's counsel sought leave to withdraw the enforcement petition with permission to file it again if the situation arose. The Court granted leave and liberty and dismissed the enforcement petition as withdrawn. The Registry was directed to endorse on the record that the amount deposited in this enforcement petition is to be treated as deposited in O.M.P. (COMM.) 23/2025.

Lesson Learnt

A withdrawn enforcement petition can be refiled with the court's permission. Money deposited in one proceeding can be transferred to a related proceeding on the court's direction.

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