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Delhi Commercial Court Flags Archaic Execution Law, Issues Show-Cause to Managing Director

He set a September 18 hearing for Brijesh Kumar Sharma to explain non-payment of a roughly Rs 24 lakh decree.

The court said that archaic laws which slowed down the judicial system had escaped the notice of the government. (Getty Images/iStockphoto)

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.