ARVIND KUMAR JAIN AND ARPIT JAIN vs SS GROUP PVT LTD

It is pointed out that application filed by JD before the Haryana Real Estate Regulatory Authority, Gurugram has already been dismissed. As per learned counsel for DH JD raised certain objections which have also been disposed of by this forum vide order dated 17th August 2023. Learned counsel requests to refer the matter to the accounts officer to calculate the decretal amount. Allowed.                         Matter be referred to the Accounts Officer for 26.02.2024 for calculation of amount due. Parties are free to file their calculation before Accounts Officer till this date. Accounts Officer to file his calculation/report till next date i.e. 06.03.2024.                         To come on 06.03.2024 for further proceedings.

Matter is adjourned to 09.01.2024.

Matter is adjourned to 30.11.2023.

Matter is adjourned to 26.09.2023.

Matter is adjourned to 04.09.2023.

An execution petition No. E/6600/1776/2018 was in pending before the Authority. The matter was ordered to be consigned to the record room, vide order dated 15.03.2022.  This is an application with requests to restore said execution petition.                          It is submitted by learned counsel for the applicant that even as per said order there was a balance of Rs. 13,76,309/- in favour of DH. JD was asked to pay said amount immediately and DH was held entilted for interest at the prescribed rate from 31.12.2021, till the balance payable at the time of possession is accounted for. According to him, no such amount has been paid by JD to his client (DH), and hence this is application with a prayer to revive execution petition.                        Application is opposed by learned appearing on behalf of JD.   According to him, aforementioned amount has already been accounted for having been adjusted against the demand.                      Aforesaid fact is denied by learned counsel for DH. JD could not show any evidence of payment of adjustment of said amount in favour of DH. Considering all this, request is allowed and execution petition is revived.                     Learned counsel for DH undertakes that he will give the detail of amount due against the JD, till next date. Moreover, according to him possession of unit in question has not been handed over till now.                    To come on 17.08.2023 for further proceedings.

This is an application with requests to restore the execution petition. Counsel for non-applicant/JD requests for adjournment to file reply of it. Not opposed. Be filed till next date.                          To come on 05.07.2023 for further proceedings.

RE-OPENED

Proceedings through V.C                 In compliance of the order dated 19.10.2021, the calculation sheet was submitted by the CA of the authority  and a screenshot of the same was also shared with both the counsels during last date of hearing on 13.01.2022. However,  today  the counsel for the JD pointed out that the date of order was wrongly mentioned in the said calculation sheet and as a result of which the decretal amount needs to be suitably revised. Accordingly, both the parties were directed to appear before the CA of the authority at 2 P.M today itself. The CA of the authority is directed to re-check and verify the quantum of decretal amount in the calculation sheet and to supply the copy of the revised/corrected calculation sheet to both the parties today itself. The JD is directed to pay the decretal amount as per the calculations done by the CA of the authority within next two weeks.                 Further, it has been brought to the notice of the Authority by the counsel for the decree holder that the JD has failed to comply with the order  of the authority dated 11.08.2021  wherein a cost of Rs.25,000/- was imposed upon the JD. The JD is directed to pay the said cost to the DH and submit a compliance report w.r.t the same before the next date of hearing.              The matter to come up on 15.03.2022 for further proceedings.

The counsel for the JD has requested for a copy of statement of account as verified by the CA  of the authority  and further assured that the JD will pay the decretal amount within two days and sought a short adjournment to satisfy the decree. The copy of statement of account as verified by the CA of the authority was supplied to both the counsels through screen shot.                     Matter to come up on 18.01.2022 for further proceedings.

Due to holding the court by Haryana Human Rights Commission, Gurugram in court No.1, the matter is adjourned to 13.01.2022 for the purpose already fixed.

On 11.08.2021, the authority passed the following order – “Counsel for the JD states that occupation certificate has not been received so far. However, JD is directed to credit the decretal amount in the ledger account of the decree holder within 10 days. Compliance report be submitted within 15 days failing which costs of Rs. 25,000/- shall be imposed upon the JD.   Execution petition stands disposed of. File be consigned to the registry.”              It is alleged by the DH that the above-mentioned order has not been complied with JD and which led to filing an application for restoration of the execution petition.           Notice has been given. No reply has been filed. A weeks’ time is given to comply with that order and failing which legal consequences would follow.                Both the parties are directed to appear before the CA of the Authority today itself and the CA will submit his report within a week. Counsel for the JD shall do the needful to satisfy the decree.          Matter to come up on 12.11.2021.

RE-OPENED

Matter to come up on 11.08.2021 for further proceedings.

Due to administrative exigencies,  the case is  adjourned to  27.05.2021.

File has been put up before the authority.                  Adjourned to 09.04.2021 for the purpose  already fixed.

Counsel for the JD has submitted that they have filed a writ petition before the Hon’ble High court against the orders of the Authority but copy of the writ petition has not been placed on record.  Counsel for the JD is directed to submit the same today itself with an advance copy to the DH to scrutiny the grounds of the writ petition.                 Matter is adjourned to 09.03.2021 for further proceedings

The counsel for the JD has stated at bar that the civil writ  petition is pending before the Hon’ble High Court regarding the same issue and sought some time. 15 days time  is granted to the JD for making payment if no relief is granted by the Hon’ble High Court.                  The possession shall be granted to the DH within 15 days irrespective of any dispute in respect of pending dues. If there is a dispute about pending dues, the same may be brought before the Authority but possession shall not be with-held.                   Matter to come up on 18.02.2021.

A good drama has been created for 10 minutes inter-se both the parties.  There are two issues (i)  taking over and handing over possession of the unit/flat by the decree holder for which on last date due directions have been  issued.  Counsel for the JD had assured that he will facilitate the handing over of the possession but nothing has happened till date. Now once again directions are issued for taking over/handing over possession  (ii)  counsel for the JD has stated at bar that they are going  in appeal for which they are  depositing pre-deposit amount before the Appellate Tribunal, as such interest of the decree holder is safe to that extent. If the appeal is rejected in that case, the decretal amount will automatically come to the decree holder  (iii)  it has further been stated at bar that both the parties are in arrears of dues. It is advisable that both the parties at the time of taking over/handing over of possession of the unit amicably settled the matter.              Matter to come up on 22.01.2021 for further proceedings.

As per the decree sheet, the decretal amount has been shown as Rs.16,63,240/- uptill 15.03.2019. The decree holder is insisting on getting his decretal amount satisfied.  Shri C.K.Sharma, Advocate for the JD seeking a date for purpose of satisfying the decretal amount. On his request, one date is given.                       Matter is listed for 19.11.2020 to satisfy the decree holder failing  which coercive action shall be taken against the JD.

DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 08.10.2020

IN ORDER TO OBVIATE THE MENACE OF CORONAVIRUS,  COURT IS ADJOURNED. MATTER IS FIXED FOR  21.08.2020

In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 02.07.2020.

Shri C.K.Sharma, Advocate appeared on behalf of the respondent and filed power of attorney.              Due to paucity of time, matter could not be taken up. Adjourned to 16.4.2020.                   Registry is directed to issue notice under Order 21 of Rule 41 of CPC  to the  JD for compliance.

Decree holder is directed to submit the calculation sheet with an advance copy to the JD in order to realized the decretal amount. 2.                       Liston 12.03.2020.

DUE TO ADMINISTRATIVE EXIGENCY, THE AUTHORITY COULD NOT ASSEMBLE TODAY. CASE IS ADJOURNED TO 14.2.2020 FOR THE PURPOSE ALREADY FIXED.