M/S Modern Construction Co vs M/S Hitech Enterprises

ik-50367599 Delhi High Court 25 February 2026 • 2 min read

Judges (1)

Counsel (6)

Aman Bhalla Counsel Petitioner Farheen Intakhab Counsel Petitioner Keshav Monga Counsel Petitioner Kirti Uppal Counsel Petitioner Neeraj Kumar Counsel Petitioner Parveen Kumar Aggarwal Counsel Respondent

Parties (2)

Hitech Enterprises Respondent Modern Construction Co. Petitioner

Case Significance

M/S Modern Construction Co vs M/S Hitech Enterprises is a Delhi High Court decision dated February 25, 2026 (citation: ik-50367599). The petitioner challenged execution court orders under Article 227 of the Constitution in a commercial execution proceeding where the respondent held a decree dated October 2024. The Court noted that an RFA against the decree was already pending with a conditional stay of execution granted therein. The petition was dismissed as not maintainable since any order in the Article 227 petition would affect the matter sub-judice in the pending RFA. The case was heard by Justice Rajneesh Kumar Gupta. Counsel appearing: Aman Bhalla (counsel for petitioner), Farheen Intakhab (counsel for petitioner), Keshav Monga (counsel for petitioner), Kirti Uppal (counsel for petitioner), Neeraj Kumar (counsel for petitioner), Parveen Kumar Aggarwal (counsel for respondent).

Summary

The petitioner challenged execution court orders under Article 227 of the Constitution in a commercial execution proceeding where the respondent held a decree dated October 2024. The Court noted that an RFA against the decree was already pending with a conditional stay of execution granted therein. The petition was dismissed as not maintainable since any order in the Article 227 petition would affect the matter sub-judice in the pending RFA.

What was the outcome of M/S Modern Construction Co vs M/S Hitech Enterprises?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-50367599)