MRS NAYANA AGGARWAL AND MR SHIVENDU AGGARWAL vs IREO GRACE REALTECH PVT LTD

It is pointed out that this matter has already been settled between the parties. Copy of such an order is shown.             When matter has already been settled between the parties, file be consigned to the record room.

RE-OPENED

Heard on objections raised by JD. It is submitted by learned counsel for objectorJD that even as per order under execution her client is entitled for recovery of outstanding dues. She has given the calculation of outstanding dues. As per this calculation the JD has imposed delay penalty interest of Rs. 2028631-. Learned counsel for DH denied that his client allottee made any delay in the payment or liable to any such penalty. No justification is given of amount of RFMS Rs. 231063-. Similarly no detail is given as how JD has levied Rs. 700987- as taxes. No explanation of same is given. Considering aforesaid facts I find no merit in these objections. Same are thus dismissed. True JD is held entitled for outstanding dues. Same can raise demand to the allottee even if any such amount is due. As per calculation done by the Accounts Officer a sum of Rs. 7324677- was payable by JD up to 31.07.2023. I find no wrong in in this calculation. Admittedly JD did not pay this amount and hence DH is entitled for interest on it. In view of the order passed by Punjab and Haryana High Court at Chandigarh in case titled as Ms International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022 and Ms International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others 7750 of 2022 recovery certificate is required to be issued. Let recovery certificate be issued to the Collector Gurugram to recover decretal amount as arrears of land revenue. File be sent to Accounts Officer immediately to prepare recovery certificate. Same be got signed from the undersigned. Compliance report be called from Accounts Officer for 08.04.2024.