BRIEF FACTS

In the present case there are two parties M/s. Om Enterprises and M/s. DTDC Express Pvt.
Ltd. who are JD ( judgement debtor as to be referred herein after as JD) and the DH (decree
holder as to be referred hereinafter as DH) wherein JD had entered into an agreement with
that of DH to avail their franchise of courier service wherein it was decided amongst them as
per the agreement that for every courier consigned in previous month 45% of the total
proceeds was to be paid as commission on monthly basis to the DH . as so happened that
some clients of JD defaulted in their payment which led to default in payment of the agreed
commission wherein after there was negotiation followed between both of them and award
was given wherein the assurance was given by JD that agreement would be duly honored
once the payment was realized from their clients but there was no such effort was made from
the side of the JD to realize the payment as well as there was no effort made from the side of
JD to honor the award which was given after the negotiations between the two parties even
though DH have given period of 1year as well as on several occasions have had asked for the
proceeds at the same time there was no objection as to award was raised by JD recently in the
year 2021 the summon was sent to M/s Nisha since being sole proprietor from the honorable
Dwarka District Court complex to appear and defend the award made of Rs 3,50,000/ which
was passed against it being surprised and shocked the named objections were raised by the
advocate of JD .

a. The decree is a fraudulent one as is passed in violation of principles of natural justice.

b. The decree is passed without jurisdiction.

c. The decree is patently illegal and is liable to be set aside.