GAURAV MANOHER NEGI AND RITUSHKA NEGI vs FANTASY BUILDWELL PRIVATE LIMITED

Matter to come up on 29.09.2025 for further proceedings.

Matter is adjourned to 30.07.2025.

RE-OPENED

Matter is adjourned to 30.04.2024.

Matter is adjourned to 13.02.2024.

Matter is adjourned to 08.01.2024.

Matter is adjourned to 11.10.2023.

Matter is adjourned to 07.09.2023.

Matter is adjourned to 25.08.2023.

It is submitted by learned counsel for JD that on an application filed by his client the Appellate Tribunal through order dated 29.04.2023 has modified its earlier order. Copy of such an order has been put on file. Learned counsel for JD requests for adjournment so that he can file application for disbursement of amount in favour of his client as per said order. Request for adjournment is allowed. None is appearing on behalf of DH. Issue notice to same DHcomplainant for next date. To come on 27.07.2023 for further proceedings. 1245 p.m At this stage Mr Rishabh Jain Adv appeared for DHcomplainant and he has been apprised of the above order. To come on 27.07.2023 for further proceedings i.e. date already fixed.

It is pointed out that appeal has already been disposed of by the Appellate Tribunal. Learned counsel for JD requests for adjournment stating that his client has filed application before the Tribunal for modification in the order, and same is fixed for 28.04.2023.                            To come on 06.07.2023 for further proceedings.

Fresh Calculation is given by learned counsel for DH in the forum of an application. Copy given.                           Learned counsel for JD requests for adjournment stating that his client has filed an appeal before the Appellate Tribunal, and same is likely to be listed shortly. Request is allowed.                          To come on 26.04.2023 for further proceedings.

Adjudicating Officer is on leave.                           Adjourned to 07.04.2023 for further proceedings.

It is pointed out that appeal filed by JD against decree under execution has already been disposed of by the Appellate Tribunal.  Copy of said order has been submitted by learned counsel for DH.                             As per counsel for JD her client is ready to hand over keys of apartment today itself.  DH is at liberty to approach JD and take possession of his unit.                           Adjournment is requested to give fresh calculation as per order passed by  Appellate Tribunal. Be given till next date.                           To come on 14.02.2023 for further proceedings.

It is submitted by learned counsel for  JD that  appeal filed by his client is still pending before  the Appellate Tribunal and the next date there is 18.11.2022.                        To come on 09.01.2023 for further proceedings.

Adjudicating Officer is on leave.                                  Adjourned to 17.10.2022 for further proceedings.

Adjudicating Officer on leave, adjourned to 09.09.2022.

It is submitted by learned counsel for JD that in view of order dated 04.05.2022, passed by the High Court of Punjab & Haryana at Chandigarh, his client  has already deposited  decretal amount of Rs.1,98,48,967/- before  the Appellate Tribunal. Copy of demand draft is shown by learned counsel.                              Be put up  on 20.07.2022, the date already fixed.

Adjudicating Officer is on leave.                                  Adjourned to 20.07.2022 for further proceedings.

Heard    on application filed by JD. It is submitted by learned counsel for JD  that his client is in the process of filing  an appeal against decree under execution before the Appellate Tribunal.                   Neither the decretal amount has been deposited nor appeal has been admitted by the Appellate Tribunal, till now.  Simply to say that  an appeal is being filed  is not enough to stay the execution proceedings.                       Certain  objections are also  filed on behalf of JD alongwith its own calculations.  There is no order  that JD  is entitled to adjust any  amount  like maintenance  charges etc. against  decretal amount of  1,98,47,402/- which is stated to be  still due against the JD. Finding  no merits in objections of JD, same are dismissed. On previous date, report of  bank manager of HDFC Bank Limited was called for today. Report has been received. According to said manager, an amount of  Rs.3,37,58,285.24p. is available in the bank account of JD.                 Counsel for DH requests to direct   bank manager, HDFC Bank Limited, HDFC Bank House, Vatika Atrium, A Block, Sector 53, Gold Course Road, Gurgaon to remit an amount of  Rs.1,98,47,402/- in favour of the Authority. Allowed.                 Manager, HDFC Bank House, Vatika Atrium, A Block, Sector 53, Gold Course Road, Gurgaon be directed to remit an amount of Rs.1,98,47,402/- in favour of Haryana Real Estate Regulatory Authority, Gurugram till next date for onward transmission to DH.             To come on 13.05.2022 for further proceedings.              A copy of this order be given Dasti to the DH.(on his request).

Case file received on being transferred from the Authority.                            On previous date, certain directions were given by the Authority to bank manager of HDFC Bank, Vatika Atrium, Sector-53, Gold Course Road, Gurugram to attach the bank account No.05720330000677 of JD and to remit the decretal amount in favour of Authority.  Report of bank manager has been received. According to him, there is balance of Rs.1,74,53,028.33p. DH requests for directions to said bank manager to remit this amount stating that although  his claim is more than that. On the other hand, learned counsel for JD disputed the claim and calculations made by the DH. According to him, amount of Rs.58,22,867/- only is due to DH.  The latter undertakes that if some discrepancy  is found in his calculation, he is ready to  refund the amount. Request is allowed.                       Let manager of said bank be directed to remit the maximum amount from said account of JD as permissible by rules of the bank in the account of Haryana Real Estate Regulatory Authority, Gurugram. Reply of manager  be also called in  this regard.                       Some objections are filed on behalf of JD.                        To come for consideration on the same on27.04.2022.

1.   The decree holders are desirous to execute the decree in response to the order in complaint no. 5728 of 2019 decided on 31.03.2021. An application under order XXI Rule 10 read with Rule 11(2) of the Code of Civil Procedure has been made by the DH to this authority for execution of the said decree in the proforma no. 6 of appendix E “Application for execution of the decree”. 2.   The execution application along with a sworn affidavit have been filed by the decree holders under order XXI Rule 11 of the Code of Civil Procedure, 1908 (hereinafter in short as ‘Code’). It averred in the affidavit that to the knowledge of the complainant-decree holder, the respondent/judgment debtor has not filed any appeal against the order under execution nor does any stay operate in respect of the said order. The period of ninety days from the date of decision was granted to comply the directions and as no appeal has been filed, orders of the Authority have attained finality. Office report has been obtained and as per this report, no stay order has been received from the Appellate Authority or from any court. We have also gone through the execution file and the affidavit of the complainant-decree holders filed therewith, and the averments made thereunder were taken on record. 3.   The execution application has been filed within a period of 2 years from the date of attaining finality of the order, hence, there is no need of sending notice of the execution application to the respondent-judgment debtor (as per Order XXI Rule 22 of the Code) for compliance of orders of the authority in the case before hand. It is informed that compliance of orders of authority has not been done so far. 4.   The following is the operative part of decision and decree for which execution application has been made.                                 i.            The respondent is directed to pay interest at the prescribed rate of 9.30% p.a. for every month of delay from the due date of possession i.e., 16.04.2017 till the date of offer of possession i.e., 19.11.2020.                              ii.            The arrears of delayed possession charges be adjusted in the ledger account of the complainants.                            iii.            The complainants are directed to pay outstanding dues, if any, after adjustment of interest for the delayed period.                             iv.            It is directed to the respondent that they shall not charge any extra amount which is not mentioned in the builder buyer agreement.                               v.            It is directed that no holding charges shall be payable to the respondent. Decretal Amount Rs.1,98,47,402/- Complaint registration fee Rs.1065/- Execution cost Rs.500/- Total Rs.1,98,48,967 /- 5.   As per the calculation given by the decree holder, the total amount to be paid by the judgement debtor to the decree holder as per the direction contained in the decree comes out to Rs.1,98,48,967/-.    6.   Section 40 of the Real Estate (Regulation and Development) Act, 2016 read with Rule 27 of the Haryana Real Estate (Regulation and Development) Rules, 2017 provides for enforcement of order, direction or decision of adjudicating officer, authority or appellate tribunal.  Rule 27 is reproduced below:            “27. Enforcement of order, direction or decision of adjudicating officer, Authority or Appellate Tribunal. Section 40. — Every order passed by the adjudicating officer or the Authority or the Appellate Tribunal, as the case may be, under the Act or rules and the regulation made thereunder, shall be enforced by an adjudicating officer or the Authority or Appellate Tribunal in the same manner as if it were a decree or an order made by a civil court in a suit pending therein; and it shall be lawful for the adjudicating officer or the Authority or the Appellate Tribunal, as the case may be, in the event of its inability to execute the order, send such order to the civil court, to execute such order. 7.   Accordingly, the authority has taken up execution of the order/decree of the authority in the instant case as per the provisions contained in Part-II titled ‘Execution’ read with Order XXI of the Code exercising powers of the civil court to enforce execution provided in section 51 of the Code. 8.   The authority has decided to execute decree as per the mode provided in Order XXI Rule 30 of the Code which provides as under:         “30. Decree for payment of money Every decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed by the detention in the civil prison of the judgment debtor, or by the attachment and sale of his property, or by both”.   9.   The decree holders have mentioned the following modes in which the assistance of the authority is required in order to execute the said decree as under: a.    Attachment and sale of movable property is sought –      The decree holders have prayed that the decretal amount be realized by attachment and sale of moveable property/ attachment of bank account as detailed below.   10.  The decree holders have made a written application under Order XXI Rule 11(2) of the Code. The authority is informed of the bank account of the judgment debtor as per details given below: S.N. Account No. Name of account holder Name of Bank Branch Decretal Amount (Rs.) 1. 05720330000677 Fantasy Buildwell Private Limited HDFC Bank Limited HDFC Bank, Vatika Atrium, Sector- 53, Golf Course Road, Gurugram- 122002 Rs.1,98,48,967/-   11.    While exercising powers under Order XXI Rule 30 of the Code, the authority hereby orders attachment of the above said bank account mentioned at serial no. 1 the bank manager to remit the decretal amount in favour of the decree holders by way of producing demand draft in the registry within 15 days, failing which the bank manager is directed to explain the reasons for non-compliance on the next date of hearing in the matter. 12.  In case, the bank account is incorrect or the balance available in the bank account is insufficient to satisfy the decretal amount, a report in this regard be sent by the concerned bank manager to this authority within 15 days from the receipt date of this notice.   13.  The bank manager is further directed that in case sufficient amount is not available in the above stated bank account of the judgement debtor, a lien be created to the extent of the decretal amount in the account and any amount to a third person shall not be released from the said account before satisfying this warrant of attachment. Bank Managers will also intimate the authority accordingly. Hence, necessary warrant of attachment of the bank account be issued with the intimation to the judgment debtor and decree holder.   14.  The  bank manager is also hereby directed that if the said account attached under these order is a separate RERA account maintained under section 4 (2)(l)(D), then the authority be informed accordingly as payment of amount imposed as penalty, interest or compensation paid or payable by the promoter cannot be made out of this account keeping in view Rule 21(3) of the Haryana Real Estate (Regulation and Development) Rules, 2017  although, the same can  be paid out of free account of the promoter.  (30% of the amount collected from the allottees is deposited after transferring 70% of the amount in the separate RERA account under section 4(2)(l)(D)).   15.  The attention of the bank managers be invited to section 32 which provides as under: 32.   Penalty for default: The court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may: -                                        (a) Issue a warrant for his arrest.                                       (b) Attach and sell his property                                      (c) Impose a fine upon him (not exceeding five thousand rupees)                                     (d) Order him to furnish security for his appearance and in default commit    him to the civil prison.                     Matter to come up on 07.04.2022. For further proceedings.

In view of the prevailing Covid-19 situation,  safety and security of the members and staff,  the case is adjourned to 03.03.2022 for the purpose already fixed.