AJIT SINGH DUGAL AND SAROJ DUGAL vs MS RAHEJA DEVELOPERS LTD

Matter is adjourned to 20.05.2025.

Matter is adjourned to 24.01.2025.

Matter is adjourned to 30.09.2024.

Arrest warrants were issued against managing director of JD namely Mr. Naveen M Raheja, through bailiff. The latter has filed report. According to him, he went to the address of said managing director on 16.05.2024, the office was found closed. He recorded statement of security office found there. After that he went to residential address of said managing director i.e. 150-B Sainik Farm, New Delhi.  Security staff did not allow him to enter inside.                         Citing all this, the bailiff has prayed for police assistance. In the circumstances as mentioned above, it is not possible for the bailiff to arrest director/MD of JD. Request for police assistance is allowed.                       DCP (head quarter), Gurugram be asked to provide the, police assistance to the bailiff, enough to get said director of JD arrested. Let arrest warrants against said director be issued (alongwith police assistance) for next date. Same Bailiff is authorized to get him arrested. Same be produced before this forum on or before next date.               To come on 17.09.2024 for further proceedings.

Matter is adjourned to 21.05.2024.

File put up today, on an application filed by DH. It is submitted by learned counsel for applicant/DH that despite issuing recovery certificate, Collector, Gurugram, failed to recover decretal amount. Referring case decided by the Hon’ble High Court of Punjab & Haryana, Chandigarh, 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, learned counsel requests to initiate contempt of court proceedings against the collector, Gurugram.                        To initiate contempt of court proceedings is discretionary power of court. Keeping in view, facts of this case, I do not think it proper to initiate any such proceedings. Request in this regard is declined.               Learned counsel further requests to initiate recovery proceedings. As per mandate of the Honble High Court given in above referred case, collector concerned was obliged to recover decretal amount within three months, otherwise HARERA is at liberty to take the action as per law. Considering all this, I allow this request.                Learned counsel requests for direction to JD to disclose its assets/properties, which can be attached to realize decretal amount stating that his client does not know about such properties. Request is allowed. JD be directed to disclose its assets/properties including bank account which can be attached to realize decretal amount, till next date. Information be given in the forum of affidavit to be sworn by anyone from directors of JD.               To come on 15.04.2024 for further proceedings.

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 22.12.2022.

Arrest warrants were issued against director of JD. A report has been received from Police Station, Sadar, Gurugram. It is reported  that Naveen M Raheja, director of JD rarely comes to office. Report is not satisfactory. It appear that arrest warrants are not executed deliberately. Issue show cause notice to Commissioner of Police, Gurugram as why contempt of court proceedings be not initiated against her/him, for not executing the arrest warrants issued by  this forum. Reply, if any, be filed till next date.                                                    To come on 15.12.2022 for further proceedings.

Vide order dated 03.04.2022 of this forum, show cause notice was ordered to be issued against directors of JD as why same be not committed to civil imprisonment for not complying with orders of this forum. Reply was to be filed till next date which was 14.07.2022. No such reply has been filed till today. Learned counsel for DH requests to issue arrest warrants against directors of JD. Allowed.                         Issue arrest warrants against  Shri Navin M. Raheja, director of JD. Commissioner of Police is authorized to get him arrested and produced before this forum on or before next date.                         To come on 03.11.2022 for further proceedings.

Adjudicating Officer is on leave. Adjourned to  02.09.2022.

Directors  of JD were asked to give particulars of its assets/properties including bank account(s) till today.  Same were  to be filed in the form of an affidavit sworn by any one of directors.  No such affidavit  is filed. An application is filed by learned counsel for DH with prayer to commit  said directors to civil imprisonment. Issue show cause notice  to said directors as why same be not committed to civil imprisonment, for not complying with order of this forum. Reply, if any, be filed  till date.                 To come on 14.07.2022 for further proceedings.

Case file received on being transferred from the Authority.                  Today the matter was fixed for settlement/payment of decretal amount.                  On previous date,  JD assured for payment of decretal amount. As per learned counsel for DH, no such settlement has been reached between the parties and even no  payment has been made  till today.  DH has already requested  this forum to send directors of JD to civil imprisonment. Sending of directors to civil imprisonment is a last resort.  No reason to pass such a harsh order at this stage. Let directors of JD be asked to file particulars about assets/properties of JD including bank account(s) in the form of an affidavit to be sworn by any one of the directors preferably, by the managing director, till next date.  Copies of title deeds also be annexed with the affidavit.                  To come on 25.04.2022 for further proceedings.

In pursuance of notice, the JD put in appearance through Shri Rajul Bhardwaj Advocate.  Mr. Naveen M. Raheja Managing Director of the JD company put in appearance through V.C.  It has been stated that copy of the execution petition has not been received so far. Let the same be supplied to the decree holder by the counsel for the JD today itself.  The JD through its Managing Director Shri Naveen M. Raheja  submits that although the unit has been constructed but the grant of OC is struck up due to non-provision of 33 KV sub station for which the matter is being taken up with the DHBVN as well as with DTCP for early grant of occupation certification to enable him handing over the unit to its allottee.  The JD further assures to settle the matter with the decree holder and send all the details of the allotted unit to the decree holder through mail alongwith photographs so that talks for settlement would mature.                  For settlement/payment of the decretal amount,  the matter to come up on 05.04.2022 for further proceedings.