ISHWER DEVI CHHABRA vs SHRI DEEPAK ANSAL CHAIRMAN AND MANAGING DIRECTOR

Matter is adjourned to 07.08.2024.

Matter is adjourned to 29.04.2024.

Matter is adjourned to 26.03.2024.

On previous date, i.e. 31.10.2023, JD was directed to disclose its assets/properties worth attachment to realize decretal amount. No such affidavit is filed despite service upon Mr. Maharaj Krishan Trishal, Mr Kushagar Ansal, and Mr Ashok Khanna, all stated to be directors of JD.                             DH requests to issue arrest warrants against said directors. Request is allowed. As per Order XXI Rule 41(3) of CPC, in case of disobedience of any order made under sub-rule 2, the court making order may direct the person disobeying the order be detained in civil prison…………………                            Issue arrest warrants against Maharaj Krishan Trishal, Mr Kushagar Ansal, and Mr Ashok Khanna,  stated to be directors of JD, for next date, to be executable by Bailiff (Shri Kapil Dev). Said directors of the JD be arrested and be produced before this forum, on or before next date of hearing.                        A copy of this order be sent to the bailiff for compliance.                        Application filed by DH. Be put up for consideration for date fixed.                        To come on 05.03.2024 for further proceedings.

Matter is adjourned to 12.01.2024.

Matter is adjourned to 31.10.2023.

Matter is adjourned to 15.09.2023.

RE-OPENED

This is a petition seeking execution of order passed by the Authority, in favour of DH/complainant. The authority through an order/resolution dated on 16.03.2022 delegated its powers to this forum to execute its orders. As per judgment of Hon’ble High Court of Punjab & Haryana, Chandigarh, in case tilted as M/s International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others CWP 7750 of 2022 for recovery of amount, recovery certificate is required to be issued to the collector concerned. let file be sent back to the authority with a request to issue  recovery certificate/further orders.                         Be put up before the Authority on 10.01.2023.

On previous date, JD was asked to disclose its assets/properties including bank account(s).  Information was to be given in the form of an affidavit to be sworn  by any one from directors of JD.  At the same time, it was directed to furnish copies of title deeds and statement of  bank account(s). Although, an affidavit is filed in the name of Kushagr Ansal. Latter had disclosed that JD is owner  of property No. A-1302, Ansal Heights, Sector 86, Gurugram. Neither the  title deed of said property is  filed nor statement of bank account(s) has been furnished as directed. AR of DH requests to issue show cause notices to directors of JD, names of who have already been disclosed by DH. Issue show cause notice to directors of JD  as why they be not committed to civil imprisonment for not complying with orders of this forum. Reply, if any, be filed till next date.                     To come on 20.12.2022 for further proceedings.

As per AR of  DH, appeal filed by the JD   has already been dismissed. According  to him, an amount of 13,89,915/- is due against JD. He requests for direction to JD to disclose its assets/properties.                JD is directed to disclose its assets/properties including details of bank account(s). Same are to be filed in the form of an affidavit to be sworn by any one from directors preferably by the managing directors. Copies of title deeds and statement of bank account(s) be also furnished alongwith affidavit.              To come on 11.10.2022 for further proceedings.

Proxy counsel Shri Maheshwar Rathi appearing on behalf of main counsel Ms. Meena Hooda, Advocate has produced a copy of Supreme Court orders  dated 19.02.2021 passed in SLP ( C )No.2817/2021  (arising out of impugned final judgment and order dated 16.10.2020 in CWP No. 30070/2019 passed by the High Court of Punjab & Haryana at Chandigarh) by the Hon’ble Supreme Court of India, New Delhi in which the Hon’ble Supreme Court has passed the following order:-  “In the meantime, there shall be stay of the operation of the impugned judgment and order passed by the High Court and the execution cases filed pursuant to the order of the regulatory authorities and appellate authorities. However, we clarify  that the Appellate Authority under the Real Estate (Regulation and Development) Act, 2016 would be entitled to take up the appeal, if any, pending for hearing and decision on merits, in case there is no objection from the respondents. This clarification will not apply to those cases where the appeal itself has been dismissed. Tag with SLP (Civil) No.13005 of 2020 and batch ”.                                                        Keeping in view the above mentioned facts, the Authority is of the considered view that the matter be adjourned sine die awaiting  outcome of SLP. File be consigned to the registry.

Case has been called out but  no one has appeared on behalf of the JD.               On previous date of hearing, bank account of Axis Bank was attached.                The husband of the decree holder has filed list of directors of JD today. Bailable summons should be issued in the name of the director Kushagr Ansal for appearing and explaining before the Authority for not making the payment of the decretal amount to the decree holder.                Now RERA account be attached where 75% of the amount remained available.  Bank Manager of RERA account shall appear before the Authority alongwith demand draft of decretal amount  to the tune of Rs.21,27,269/- calculated upto 31.07.2021 by the next date  of hearing i.e. 05.10.2021.

Bank attachment orders. MATTER TO COME UPON 25.08.2021 FOR FURTHER PROCEEDINGS.

Matter to come upon 28.07.2021 for further proceedings

THE DH IS DIRECTED TO FILE THE LIST OF ASSESTS, MOVABLE AND IMMOVABLE PROPERTY WITHIN 7 DAYS FROM THE REGISTRY.

Due to holding the court by Haryana Human Rights Commission, Gurugram in court No.1, the matter is adjourned to  07.04.2021 for the purpose already fixed.