AMIT GOEL AND SHIKHA JAIN vs ASHIANA DWELLINGS PVT LTD

Matter is adjourned to 06.05.2024.

File put up today, on an application filed by DH. It is submitted by learned counsel for applicant/DH that despite issuing recovery certificate, Collector, Gurugram, failed to recover decretal amount. Referring case decided by the Hon’ble High Court of Punjab & Haryana, Chandigarh, 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, learned counsel requests to initiate contempt of court proceedings against the collector, Gurugram.                        To initiate contempt of court proceedings is discretionary power of court. Keeping in view, facts of this case, I do not think it proper to initiate any such proceedings. Request in this regard is declined.               Learned counsel further requests to resumes recovery proceedings. As per mandate of the Honble High Court given in above referred case, collector concerned was obliged to recover decretal amount within three months, otherwise HARERA is at liberty to take the action as per law. Considering all this, I allow this request.                Learned counsel requests for direction to JD to disclose its assets/properties, which can be attached to realize decretal amount stating that his client does not know about such properties. Request is allowed. JD is directed to disclose its assets/properties including bank account which can be attached to realize decretal amount, till next date. Information be given in the forum of affidavit to be sworn by anyone from directors of JD.               To come on 22.04.2024 for further proceedings.

A demand draft for a sum of Rs. 7,89,645/ is handed over to learned counsel for DH by counsel for JD today. At the same time, learned counsel for JD gave proposal to the DH for payment of remaining amount in installments.  However, aforesaid demand draft is accepted by learned counsel for DH as part payment, the proposal given by JD sis not to acceptable to him.                           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 in execution, 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 20.01.2023.

It is submitted by learned counsel for JD that his client  has already filed an appeal before the Appellate Tribunal against decree under execution and the Tribunal has allowed  his client to deposit the decretal amount till 11.11.2022.  Learned counsel for DH submitted fresh calculations  of amount due against JD. Copy given.                          To come on 23.12.2022 for further proceedings.

Vide order dated 06.05.2022 show cause notice was ordered to be issued to Isha Jindal stated to be directorsignatory of JD. As per leaned counsel for DH she is not director but a company-secretary as well as signatory for JD. No reply has been filed despite service of notice. It is submitted by learned counsel for JD that his client has filed an appeal against decree under execution. An application has also been filed seeking waiver of the condition of pre-deposits which was dismissed with costs of Rs.50000- vide order dated 31.08.022. The Appellate Tribunal has given time to his client to deposit the amount till 30.09.2022. Learned counsel for JD requests to defer the matter till 30.09.2022. On the other hand counsel for DH request to enforce execution saying that there is no stay of execution proceedings. When the Appellate Tribunal has granted time to JD to deposit the decretal amount till 30.09.2022 I think it proper not to take any coercive action against JD till then. To come on 07.10.2022 for further proceedings.

Adjudicating Officer on leave, adjourned to 15.09.2022.

On 04.04.2022, JD was directed to give particulars of its asset/properties including details of bank account(s) in the form of an affidavit to be sworn by any one from directors particularly the managing director within two weeks. No such affidavit is filed till today despite service upon, Rohit Raj Modi,  Mayank Raj Modi & Isha Jindal.               Application is filed on behalf  of DH with prayer to commit directors of JD to civil imprisonment. According to him, his client is ready to pay subsistence allowance, as determined  by this forum.                  It is submitted by learned counsel for JD that Rohit Raj Modi and Mayank Raj Modi are not the directors of JD. He relied  upon application filed  on behalf of DH today, alongwith details of directors. It is shown in said documents  that tenure  of Rohit Raj Modi as director began from 26.05.2014 and ended on 30.12.2019 while  the term of Mayank Raj Modi which started  on 26.05.20214  ended  on  26.12.2019.                    Whatsoever it may be,  Isha Jindal is still director/signatory of JD. Issue notice to said director/signatory as why she be not committed to civil imprisonment for not complying with order of this forum. Reply, if any, be filed till next date.                                        To come on 22.07.2022 for further proceedings.

On previous date, JD was directed  to file  particulars of its assets/properties. No such affidavit  is filed. It is pointed out by learned counsel for JD that same has filed an application for rectification of order which is pending before the authority. Admittedly, there is no stay against  execution proceedings.  Learned counsel for DH  seeks short adjournment to file an application with prayer to send directors of JD to civil imprisonment.  Allowed.                        To come on 06.05.2022 for further proceedings.

Learned counsel for JD requests for time to file objections. No reason for adjournment, simply to file objections  particularly when  notice has already been served upon JD.                          Learned counsel for DH requests to attach bank account of JD, details of which have already been given in  the execution petition. According to him, his client has no knowledge about other assets/properties of JD and requests to give directions  to JD  to give particulars of  such  other assets/properties  of JD which can be attached to realise  the decretal amount. Request is allowed.  Learned counsel for JD requests for time to file calculation  of amount due.                           JD is  asked to give particulars of its assets/properties  in the form of an affidavit, to be sworn by any one of directors of JD preferably by the managing director. Same be filed  till next date alongwith title deeds of those assets/properties.                         To come on 28.04.2022 for further proceedings.