HEMA V SHANKARAN vs IMPERIA STRUCTURES LTD

Learned counsel for JD offered a cheque for a sum of Rs. 46,000/-, but is refused by learned counsel for DH, stating that same is not acceptable to his client, he wants entire payment.                           Certain objections are filed on behalf of JD about calculation.  A sum of Rs.  159720.4635/- is claimed as maintenance amount.                            According to learned counsel for DH, JD is not entitled to recover any maintenance amount unless possession of unit in question has been handed over and it has not been done till now. Admittedly, possession has not been handed over to DH till now. As per learned counsel for latter, although a letter offering possession dated 21.10.2022, was received by his client but when he contacted the JD to take possession, no reply was given by JD. I agree with learned counsel. If said fact is true, no maintenance charges could be levied. Objection in this regard is thus dismissed.                    Fresh calculation is given by DH today. According to learned counsel, a sum of Rs. 10,70,124/- is due as on today.                    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 11.01.2023.

Adjudicating Officer is on leave.                           Adjourned to 20.12.2022 for further proceedings.

Vakalatnama  filed by learned counsel for JD.                            Vide order dated 12.04.2022, JD was directed to furnish fresh  particulars   of its assets/properties including details of bank account(s) which could be attached.  Same was to be furnished in the form of an affidavit to be sworn by any one from directors. No such affidavit has been filed.                        As requested by DH,  issues 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 22.11.2022 for further proceedings.

Adjudicating Officer on leave, adjourned to 20.09.2022.

Adjudicating Officer is on leave.                                  Adjourned to 25.07.2022 for further proceedings.

File received on being transferred from the Authority.                   It is submitted by learned counsel for DH that neither possession of   unit in question  has been   offered nor any amount is paid. He requests to attach the properties of JD. According to him, his client has no knowledge about the assets/properties of JD.                    On  the other hand, learned counsel for JD submits that his client has already offered possession of allotted unit but the same is not accepted by DH.                     No evidence  is shown to verify that such an offer  of possession has been mde to DH.   JD be directed to furnish particulars of assets/properties of JD including bank account(s) which can be attached. This information be filed in the form of an affidavit, sworn by any one of directors preferably by managing director till next date. Copies of title deeds alongwith statement of bank account(s) be filed alongwith affidavit.                   To come on 13.05.2022 for further proceedings.