PREVEEN KUMAR GARG AND SUSHILA DEVI vs MS BPTP LIMITED

Due to Administrative exigencies, the execution petition is adjourned for 05.12.2025 for the purpose as already fixed.

Matter to come up on 08.10.2025 for further proceedings.

Due to administrative reasons, the execution petition is adjourned to 23.07.2025 for further proceedings.

Matter is adjourned to 26.05.2025.

Both of learned counsels request for adjournment stating that their clients are negotiating for settlement. Allowed.                        To come on 01.05.2025 for further proceedings.

Recovery certificate was issued to the Collector, Gurugram in this matter on 11.01.2024 to recover decretal amount as arrears of land revenue. In view of order/circular issued by Chief Secretary Government of Haryana, no. 50/15/20240-5S (1) dated 11th May 2024, powers of the Collector have been conferred upon the Adjudicating Officer and all the recovery certificates have been received back.  As per learned counsel for DH, no amount has been recovered through Collector, Gurugram till now. He requests to resume executing proceedings.     In view of the facts as mentioned above, request is allowed and the execution proceedings are resumed.    Learned counsel for DH further requests for direction to JD to disclose its assets/properties including bank account and unsold inventories which can be attached to realize the decretal amount. Request is allowed. JD is directed to disclose its assets/properties including bank account and unsold inventories which can be attached to realize the decretal amount. Information be given in the form of affidavit to be sworn by anyone from directors of JD, preferably by Managing Director. At the same time, Recovery Officer of Authority be asked to enquire about the properties of JD and to file his report till next date.    To come on 28.02.2025 for further proceedings.

Recovery certficate is stated to have already been issued. File be consigned to the record room, with direction not to weed out the same, till further orders.

Adjudicating Officer is on leave. Adjourned to 24.04.2024 for further proceedings.

Compliance about issuing of recovery certificate was called for today from the accounts officer. Not received. Same be again directed to give compliance report till next date.                         To come on 13.02.2024 for further proceedings.

MATTER IS ADJOURNED TO 15.01.2024.

Matter is adjourned to 08.11.2023.

Matter is adjourned to 27.09.2023.

TO COME ON 05.09.2023 FOR FURTHER PROCEEDINGS.

On previous date, i.e. 07.04.2023, matter was referred to CA for calculation of the amount. CA is not in job now. Learned counsel requests to refer the matter to the Accounts Officer of the same. Request is allowed.                          Matter be referred to the account officer of the authority 06.07.2023. Parties may appear before him on that date i.e. 06.07.2023. Account officer be directed to submit his report till next date, before this forum.                        To come on 27.07.2023 for further proceedings.

This is a petition seeking execution of order passed by the authority dated 08.04.202. The respondent was directed to pay interest at the prescribed rate of 9.30% per annum for every month of delay from due date of possession i.e. 24.06.2016 till handing over of the possession. As per learned counsel for JD, his client has already offered possession by sending a letter 15.12.2021. While as per learned counsel for DH aforesaid offer was conditional offer and his client approached the JD to take possession, but latter refused to hand over till the payment is made.                           Learned counsel for JD did not refute said plea. On being asked by this forum as to whether JD is ready to hand over possession of subject without any condition, learned counsel for JD gave no reply. Let it be clarified here that even if, any offer of the possession was given by JD same being conditional, was not a valid offer of the possession and DH is entitled for DPC till valid offer of the possession/actual handing over of the possession.                        Learned counsel for DH gave fresh calculation of the amount. He undertakes to supply copy of same to counsel for JD today itself.                    Both of learned counsels request to refer the matter to the CA for calculation of the amount. Request is allowed.  Parties to appear before CA on 03.05.2023. CA to give report till next date.                  To appear before this forum on 11.05.2023 for further proceedings.

Adjudicating Officer is on leave.                           Adjourned to 07.04.2023 for further proceedings.

As per learned counsel for DH he has already been given fresh calculation.                             To come on 14.02.2023 for further proceedings.

File taken up today as 09.11.2022, was declared as public holiday by the Haryana Govt. Vide notification No. 28/01/2006-1HRI dated 3rd November, 2022 in all offices of the Haryana Govt. in the jurisdiction of the areas namely Ambala, Charkhi Dadri, Gurugram, Karnal, Kurukshetra, Rewari, Rohtak, Sirsa, and Sonipat, in connection with poll for Members of Zila Parishads and Panchayat Samities.                        In view of above facts, the matter is adjourned to 12.12.2022 for the purpose already fixed.

MATTER IS ADJOURNED TO 09.11.2022.

On joint request, matter is adjourned to 10.10.2022.                          To come on 10.10.2022 for further proceedings.

Adjudicating Officer is on leave. Adjourned to  24.08.2022.

It is pointed out by learned counsel for JD that a sum of Rs.21,08,048/- remains due against his client. 12 post-dated cheques amounting to Rs.21,08,048/- are handed over to the DH and the same are acceptable to latter. At the same time, counsel for DH submits that he has objection with regard to calculation done by JD.                   To come on 13.07.2022 for further proceedings.

As per learned counsel for DH his client does not know about assets/properties of JD and  directors of JD be called in person for their oral examination about other properties/assets of JD.                         Let directors of JD be asked to file particulars of assets/properties of JD including its bank account which can be attached. Same be filed in the form of affidavit sworn by any one  of the directors preferably by the MD, till next date.                                  To come on 22.04.2022 for further proceedings.