Overview
- The judge said India’s fast-track commercial regime cannot depend on 1908 execution procedures, warning, “you simply cannot run a bullet train with the bogies of a goods train,” and invoking Japan’s Shinkansen.
- He praised the Commercial Courts Act, 2015 for speeding adjudication but urged legislative attention to Order 21 of the Code of Civil Procedure, which governs enforcement of decrees.
- The case involves a recovery suit by Rishi Pal Sharma against Next Generation Deals India Pvt Ltd after he allegedly paid Rs 21 lakh in a 2016 MLM/Ponzi scheme.
- The court found managing director Brijesh Kumar Sharma to be the real actor behind the scheme, lifted the corporate veil, and attributed personal responsibility for the fraud.
- A showcause notice directs Brijesh to appear in person to explain why he should not be detained in civil prison for non-payment, with the matter listed for September 18.