VIKAS BIRLA AND ANR vs VATIKA LIMITED

Due to Administrative exigencies, the execution petition is adjourned for 12.01.2026 for the purpose as already fixed.

The matter to come up on 17.11.2025 for further proceedings.

Matter is adjourned to 30.07.2025.

Matter is adjourned to 26.03.2025.

Matter is adjourned to 29.10.2024.

Matter is adjourned to 29.07.2024.

Matter is adjourned to 20.03.2024.

Matter is adjourned to 22.11.2023.

It is submitted by learned counsel for JD that matter is still pending before the Appellate Tribunal. Next date before the Tribunal is 16.08.2023.                           To come on 16.10.2023 for further proceedings.

It is submitted by learned counsel for JD that matter is still pending before the Appellate Tribunal. Next date before the Tribunal is 06.07.2023.                           To come on 07.08.2023 for further proceedings.

It is pointed out that appeal before Appellate Tribunal is still pending. Same is fixed there for, 01.05.2023.                           To come on 04.07.2023 for further proceedings.

Show cause notice was issued to director of JD. A reply has been filed in the name of Brij Kishore. At the same time, it is submitted by learned counsel for JD that his client has already filed two appeals against decree under execution and other against an order of this forum.  Decretal amount in view of Section 43(5) of The Haryana Real Estate (Regulation and Development) Act has also been deposited.                            To come on 13.03.2023 for further proceedings.

None is present on behalf DH. Put up  at 2.00p.m in  wait of DH.                                                                                                      Adjudicating Officer   2.25p.m.                 None is appearing on behalf of DH since morning. Issue notice to DH for next date.                  To come on13.12.2022 for further proceedings.

Show cause notices were ordered to be issued against directors of JD as why they be not committed to civil imprisonment for not complying with orders of this  forum.  Reply, if any, was to be filed till next date which was 27.07.2022. No such affidavit is filed till now. As per learned counsel for JD his client  has offered an alternative unit to DH. As  none is appearing  on behalf of DH, issue notice to same for next date.                    To come on 31.10.2022 for further proceedings.

Adjudicating Officer on leave, adjourned to 29.09.2022.

An application has been filed by DH with prayer to commit directors of JD to civil imprisonment.  There is no appeal or stay against order under execution. It is submitted that as per decree under execution,  JD/respondent  was directed to withdraw the termination letter and to hand over possession of new unit allotted to the complainant/DH. No such unit has been allotted till now.                     By filing  an application, DH has prayed  to commit directors of JD to civil prison. Issue show cause notice  to  directors of JD as why same be  not committed to civil imprisonment for disobeying order of this forum/authority. Reply, if any, be filed  till next date.                      To come on 28.07.2022 for further proceedings.

File received on being transferred from the Authority.                   It is submitted by AR of JD/respondent that  possession of other unit as per agreement between the parties would be offered. Learned counsel for DH submits that her client  will go to  office of JD to take possession of new/alternative unit. Short  adjournment is requested for this purpose. Allowed.                   To come on  12.05.2022 for further proceedings.

The Hon’ble Chairman  is on leave due to medical ground.  Matter is adjourned to 12.04.2022 for the purpose already fixed.

Vide letter dated 09.12.2021 received from Shri Anil Kumar Yadav, Advocate-Chairman Election Committee, District Bar Association Gurgaon, the annual election for the year 2021-2022 of District Bar Association Gurgaon  are going to be held today 0n 17.12.2021 in the judicial complex, as per decision of Election Committee constituted by the Bar Council of Punjab & Haryana and the work in the District Courts would remain suspended today.                In view of above, the matter is adjourned to 17.02.2022 for the purpose already fixed.

Shri Mukul Kumar Sanwariya Advocate has appeared on behalf of the JD and filed power of attorney and a copy of resolution passed by the Board of directors.             On the last date of hearing the authority passed the following directions against the JD. 1.     Respondent is directed to withdraw the termination letter. 2.     To give possession of the new unit allotted to the complainant. 3.     Respondent shall pay interest at the prescribed rate of interest i.e. 9.30% per annum.          It was directed by the authority that the presence of directors of the JD be secured by issuance of bailable warrants. But that order has not been complied with due to non-issuance of process. Let fresh process for securing the presence of directors of JD be issued for compliance of the order of the authority passed on the previous date.  This is subject to the condition that in case alternate unit is actually handed over to the DH and DPC either paid or adjusted  then the presence of directors of JD shall be dispensed with.  The counsel for the JD alongwith AR Shri Jasneet Singh assured that within 30 days this matter will be sorted out finally and decree shall stand satisfied accordingly.                Matter to come up  on 17.12.2021 for further proceedings.

Case has been called out but no one has appeared on behalf of the JD.                 There are three issues involved in the matter :- i)                  Respondent is directed to withdraw the termination letter, ii)               To give possession of the new unit allotted to the complainant, iii)             Respondent shall pay interest at the prescribed rate of interest i.e. 9.30% per annum,             However, the JD has not come present and has not complied with the orders of the Authority.  For the compliance of all three points mentioned above, bailable warrants be issued against the JD/directors of the company to come present on  the next date of hearing.               Matter to come up on 10.11.2021 for further proceedings.