Delhi HIgh Court

Delhi HC: Partner's Arrest Ordered for Ignoring Debt Payment

Updated
Dec 9, 2025 3:00 PM
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On December 8, 2025, the Delhi High Court, with Judge Girish Kathpalia in charge, made a big decision about a long-standing case involving money. Here's what happened in simple words.

The Background Story

Pankaj Saini, the person who brought the case, was in trouble over a court order from March 15, 2016, which was later changed on May 3, 2017. This involved a business partnership, and Saini was one of the partners. The court had ordered Saini to pay some money, but he kept delaying.

The Court's Decision

On November 27, 2025, the court dealing with the case rejected Saini's reasons for not paying and ordered his arrest because he had enough money to pay but chose not to. The court was clear that Saini's attempts to avoid paying were not acceptable.

"Despite having the money to pay, the petitioner chose to ignore the court order."

Saini's Argument

Saini argued that he should only be responsible for his 30% share in the partnership and felt it was unfair to be held accountable for the entire amount. However, the court explained that according to the rules for partnerships, all partners are responsible for the business's debts.

Legal Technicalities

The court mentioned specific rules that say a court order against a partnership can be enforced against any partner. Since Saini was a partner when the issue came up, he was responsible.

The Outcome

Judge Kathpalia found Saini's request to be pointless and dismissed it, adding an extra cost of Rs. 10,000 on him, which he must pay within a week to KL Sharma, the person owed the money.

"The current request is found to be completely pointless and filed with the aim to delay the proceedings."

Summary of the Verdict

The court decided that Saini was responsible for paying the debt despite his arguments, and he was ordered to pay an additional penalty for trying to delay the process. This case shows how important it is to understand your responsibilities in a partnership.

Tags:
Contract Law
Debts Recovery Tribunal
Commercial Dispute