Delhi High Court Sets Aside Administrative Order Barring Execution Petitions Below ₹2 Crore

The Delhi High Court has held that no litigant can be barred at the threshold from filing execution petitions before the Registry, even in cases where the decree amount is Rs. 2 crore or below.A Division Bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla set aside an administrative order issued by the Registrar (Original) on November 17, 2016, which directed the Registry not to accept execution petitions involving decrees up to Rs. 2 crore.This was after the pecuniary jurisdiction of the High Court was enhanced from Rs. 20 lakhs to above Rs. 2 crores in terms of section 4 of Delhi High Court (Amendment) Act, 2015. In a ruling passed on January 30, the Bench held that the administrative order was unsustainable in law insofar as it imposed a blanket prohibition on filing such execution petitions before the High Court.“Even on the basic principle that there can be no threshold bar to access to a Court, therefore, we cannot sustain the impugned Administrative Order to the extent it directs the Registry of this Court not to accept execution petitions in which the decree is for an amount of less than ₹ 2 crores,” the Court said. It clarified that while the Registry is empowered to raise objections regarding jurisdiction, it cannot refuse to register a matter. The Court was dealing with a plea filed by Asian Patent Attorneys Association (Indian Group) challenging the impugned administrative order. Partly allowing the plea, the Bench held that the direction to the Registry not to accept Execution Petitions in which the decree is for an amount of less than ₹2 crores cannot sustain in law.The Court said that it is open to the Registry to raise an objection, if it is of the view that the proceeding is without jurisdiction. In case such an objection is raised, it is for the Counsel, or the party who has filed the proceeding, to answer the objection, it added. “Even if the answer which is provided by the party or the Counsel is not acceptable to the Registry, that does not empower the Registry to refuse to register the matter. If the Registry and the litigant are not able to arrive at a consensus regarding the maintainability of the proceeding, the Registry would have to place the matter before the Court to take a view as to whether the matter is within, or without, jurisdiction,” the Court said. “It is always open to the Court, if it is of the view that a frivolous proceeding has been filed, or that the jurisdiction of a Court is being forcibly invoked, to issue deterrent directions, including awarding of costs in appropriate cases. We are firmly of the opinion that there can never be any threshold bar to a party filing a matter before the Registry of a Court,” it added. The Bench further held that a litigant cannot be barred access to the Court by an administrative direction to the Registry not to accept the petition, or any category of petitions. “We, therefore, do not venture any opinion on whether the execution petition would, or would not, be amenable to entertainment by the Court, which would appropriately lie within the province of the concerned learned Judge, or Judges, before whom the matter is placed on the judicial side,” the Court said. While setting aside the administrative order, the Bench clarified that it will be open to the Registry to raise an objection with respect to jurisdiction but if the litigant insists that the petition does lie, the Registry would be duty bound to list the matter before the Court on the judicial side, for a view to be taken in that regard.Counsel for Petitioner: Ms. Swathi Sukumar, Sr. Adv. with Mr. Shrawan Chopra, Mr. Vibhav Mithal, Mr. Achyut Tewari, Ms. Krisha Baweja and Mr. Ritik Raghuvanshi, AdvsCounsel for Respondent: Dr. Amit George, Mr. Adhishwar Suri, Mr. Bhrigu A. Pamidighantam, Mr. Vaibhav Gandhi, Ms. Rupam Jha, Ms. Medhavi Bhatia and Mr. Kartikey Puneesh, AdvsTitle: ASIAN PATENT ATTONRNEYS ASSOCIATION (INDIAN GROUP) v. REGISTRAR GENERAL DELHI HIGH COURTCitation: 2026 LiveLaw (Del) 130Click here to read order

Delhi High Court Sets Aside Administrative Order Barring Execution Petitions Below ₹2 Crore

Nupur Thapliyal

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