SONY K LEONS AND HELEN K SONY vs BPTP LIMITED

Matter is adjourned to 08.01.2024.

Matter is adjourned to 18.10.2023.

Both of learned counsels request for adjournment for settlement about other issues. Allowed.                            To come on 09.08.2023 for further proceedings.

On previous date it was undertaken by AR of JD that possession of subject unit will be handed over till first week of April 2023. Not handed over till today. As per learned counsel for DH JD imposed condition of payment of some amount before possession is handing over which his client is not liable to pay. Learned counsel took me through order dated 09.02.2022 where JD was directed to hand over physical possession of unit in question to the DH within one month from the date of said order. Referring that order and on the request made by DH show cause notices were issued to directors of JD as why they be not committed to civil prison for not handing over possession of subject unit despite order. Notice has been served upon Mr. Ashok Kumar Tyagi and Mr. Subhash Chander Setia stated to be directors of JD. Reply of show cause notice is stated to have been filed. Heard. It is contended by learned counsel for JD that decree under execution was not decree of the possession and hence this forum cannot insist upon his client to hand over possession. I do not find any substance in plea of learned counsel representing JD. The latter i.e. JD was clearly directed by the authority through order dated 09.02.2022 to hand over possession of unit in question within one month of that order. Admittedly no appeal etc. has been filed against that order and same has become final. It is further plea of learned counsel for JD that order at 09.02.2022 was passed during execution proceedings and not given along with judgement and hence it is not executable. I do not find any merit in this plea also. Apparently that order was passed by the Authority even if during execution proceeding. Same is equally binding upon parties of this case. No reasonable explanation is given in this regard. Issue arrest warrants against directors of JD namely Mr. Ashok Kumar Tyagi and Mr. Subhash Chander Setia for next date to be executed by bailiff of Authority. - Same directors be produced before this forum on or before next date. To come on 18.05.2023 for further proceedings. 240 P.M. File put up again on application filed by JD. Through order passed in the morning today arrest warrants have been ordered to be issued against directors of JD namely Mr. Ashok Kumar Tyagi ad Subhash Chander Setia. It is submitted by learned counsel for applicantJD that her client is ready to hand over possession of subject unit to the DH without imposing any conditions. Same DH can take possession on any date suitable to him. Learned counsel requests to recall arrest warrants issued against director of JD. Upon the undertaking on behalf of JD as mentioned above learned counsel for DH who is also present has no objection if arrest warrants ordered to be issued against two directors of JD are suspended. Considering aforesaid fact request is allowed to the extent that arrest warrants ordered to be issued against directors of JD named above are suspended till next date i.e. 18.05.2023.

Show cause notices were issued to the directors of JD, as why same be not committed to civil imprisonment for not handing over possession of unit in question, as per order under execution. No reply is filed, despite service upon Mr Ashok Kumar Tyagi, and Mr Shubash Chander Setia stated to be directors of JD. However, some objections are filed on behalf of JD.                                                                According to AR of JD, (Ms Ratna Priya) possession will be handed over till first week of April 2023, without imposing any condition of payment of outstanding dues.                          Adjournment is requested by both of learned counsels after first week of April 2023. Allowed.                           To come on 11.04.2023 for further proceedings.

Two Cheques total amounting Rs. 59,817/- are handed over to learned counsel for DH, stated to be entire remaining amount. Learned counsel for DH accepts the same as part payment. He undertakes to give his calculation till next date.                           It is submitted by learned counsel for DH that despite order of the authority dated 09.02.2022. JD is not handing over possession of unit in question to his client. Learned counsel requests to issue arrest warrants against directors of JD stating that an application in this regard has already been filed by him. Learned counsel for JD objected the application stating that to hand over possession was not decree under execution.                          I do not find must substance in plea of learned counsel. Vide order dated 09.02.2022, JD was directed to hand over physical possession of unit in question to the DH within one month from the date of said order.  Admittedly, physical possession has not been handed over till now.                           Issue show cause notice to directors of JD as why same be not committed to civil imprisonment for not complying with order of the Authority.  Reply (if any) be filed till next date.                                        To come on 02.03.2023 for further proceedings.

Both of counsels request for adjournment.                            To come on 03.01.2023 for further proceedings.

On previous date, matter was adjourned on the request of DH. Learned counsel for JD submits list of amounts collected/deposited  in respect of EDC/IDC,  with governmental agencies.  Vide order dated 09.02.2022, JD was directed to hand over possession of unit in question to DH within one month  from the date of said order. No  possession has been handed over till now.              Learned counsel for JD disputed maintainability of present petition. According to him, as per  order dated 09.02.2022, matter was disposed of and same could not have been  put up again.                Learned counsel for DH pointed out that matter was revived on an application filed by him. The matter was never finally disposed of and decree remained unsatisfied. In such a case, there is no  reason to conclude that present petition is not maintainable.            Learned counsel for DH    filed an application with prayer to issue arrest warrants against  directors of JD. Let notice of this application be issued to directors of JD. Reply be filed till next date.                          To come on 28.11.2022 for further proceedings.

Learned counsel for JD submits that entire decretal amount has already been paid to the DH.   An application is filed on behalf of JD disclosing the amount  in respect of IDC/EDC stated to be  already paid the governmental agencies. Copy given. DH requests  for short adjournment to go through  the same. Allowed.                To come on 22.09.2022 for further proceedings.

Counsel for JD submits that his client has already deposited around 10,00,000/- collected from buyers/including the present petitioner toward EDC/IDC to Governmental agencies. But no evidence  in this regard is shown by him.  He undertakes to show evidence of deposits till next date. It is pointed out by learned counsel for DH that possession of unit in question has not been handed till now despite the fact that OC has already been received by the JD. Learned counsel for JD refused to tell as till what date possession of allotted unit can be handed over to DH.                     To come on 21.09.2022 for further proceedings.

Adjudicating Officer is on leave. Adjourned to  26.08.2022.

This is an application filed on behalf of DH stating that his client is entitled to get possession of unit in question within one month from date of order dated 09.02.2022 passed by the Authority subject to furnishing of requirement documents.  As per counsel , his client has already submitted  required documents.                Learned counsel for JD undertakes  that his client will pay all outstanding amount to the DH after getting  some clarifications from  CA of the Authority.                                   To come on 07.07.2022 for further proceedings.

RE-OPENED