DEEPIKA JAIN AND SURENDER KUMAR GOUR vs SS GROUP PVT LTD

Adjudicating Officer is on leave.                           Adjourned to 31.03.2023 for further proceedings.

Admittedly, possession of unit in question has been handed over to the DH. Learned counsel for latter submitted fresh calculation to the amount due. Copy given. Counsel for JD requests for adjournment to go through the same.                            To come on 14.02.2023 for further proceedings.

As per learned counsel for JD that possession of unit in question has already been handed over to DH. None is appearing on behalf of DH. Issue notice to DH for next date.                  To come on 08.12.2022 for further proceedings.

On 09.05.2022,  JD agreed to hand over possession of allotted unit within one month without imposing any condition but the same is not handing  over possession  despite  undertaking given by JD.                 A cheque  of Rs.2,13,932/- is handed over to the AR of DH today. Same is accepted as part payment. Counsel for JD undertakes that his client is ready  to hand over possession of allotted unit even today. It is submitted by AR of DH either he or the authorized representative of DH will take over possession before 09.09.2022.               To come on 07.10.2022 for further proceedings.

Adjudicating Officer on leave, adjourned to 07.09.2022.

As  per counsel for JD, DH is not coming forward to take possession of unit in question. According to learned counsel for DH, unreasonable conditions are being imposed upon his client by JD before handing over possession which were not acceptable to his client. It is agreed  that JD will hand over possession of unit  within  two weeks from today without imposing any condition.  DH  is asked to visit office of JD/project where unit is situated to take possession of booked unit with required documents on date  as conveyed by JD.                   To come on 19.07.2022 for further proceedings.

On 11.08.2021, the authority passed the following order – “Counsel for the JD states at bar that the matter is pending before the hon’ble High Court, but no stay has been granted. As such, there is no choice left but to satisfy the decretal amount. The counsel for the JD states at bar that the matter is pending before the hon'ble High Court, but no stay has been granted. As such, there is no choice left but to satisfy the decretal amount. The counsel for the JD is directed to credit the decretal amount in the ledger account of the DH within 15 days and also to hand over the possession of the unit to the decree holder in the same time period. If any amount is due after credited of delayed possession charges, the same shall be paid by the decree holder. The compliance report be submitted to the authority before the next date of hearing failing which legal action shall be taken against 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.              Today, the counsel for the JD has produced a copy of order dated 30.09.2021 passed in CM-No. 14279-CWP 2021 ,  in CWP No.2428-2021  by the Hon’ble High Court in the above captioned matter  and  the Hon’ble High Court has conceded that similar issue is pending consideration in a bunch of writ petitions including CWP No.13639 of 2021 titled as Ramprastha Promoters and Developers versus Union of India and in which interim directions were issued to keep the  execution proceedings in abeyance. On the ground of partially in itself operation of the order dated 11.08.2021 at Annexure A1 shall remain stayed till the next date of hearing i.e.  1.12.2021 fixed in the main case.                In view of above facts, the Authority is of the considered view that the matter be adjourned sine die awaiting  outcome of appeal. File be consigned to the registry.

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.

Proceedings            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.