On
18.09.2024 a bank account of JD i.e. account No. 40205210917 with State Bank of
India, 91 IDC, MID Corp. Branch, Gurugram was ordered to be attached to realize
decretal amount. Manager of said bank be directed not to allow withdrawal of
any amount from this account leaving balance less than decretal amount. Report of Bank Manager was also called for
next date, which was 18.11.2024. No such report was received. Same was again
called for today.
Sh. Navneet Tripathi,
Advocate appeared on behalf of said bank and files Vakalatnama/power of
attorney, along with statement of said account of JD. According to him, there
is balance of Rs. 5,00,000/- in this account. The Bank has no objection, if
this amount is released.
Considering all this,
Manager of the said Bank be directed to remit amount of Rs. 5,00,000/- as per
rules of the Bank to the account of authority i.e. account No. 103101002050
with ICICI Bank, so that same can be disbursed to the DH.
According to learned
counsel for DH, decretal amount is Rs. 1,52,85,857/- due against JD at this
time. Even after receipt of Rs. 5,00,000/-, there remains amount to be
recovered from JD. He requests to attach another bank account of JD i.e.
account No. 40206750032 with said bank of JD. According to him, this is not an
escrow account, attached with any project of the JD. Learned counsel for JD has
objection in this regard, stating that he is not sure whether aforesaid account
is an escrow account or not. Moreover, according to him, DH is required to file
written application in this regard. I am not in consonance with the plea as
raised by learned counsel for JD in this regard. Even oral application can be
entertained. Request for attachment of aforesaid account of JD is allowed.
Manager of said bank be directed not to allow withdrawal of any amount from this
account leaving balance less than decretal amount. Report of him/her be again called for next
date about balance in this account.
Learned counsel for DH
gave details of directors of JD and requests for issuing arrest warrants
against directors of JD.
Admittedly, order under execution is
about recovery of the amount. In such a case, arrest of JD is last resort.
Efforts are being made to recover decretal amount by attaching
assets/properties including bank account of JD. No reason to issue arrest warrant
against directors of JD at this stage. Request in this regard is declined.
To come on 16.04.2025
for further proceedings.