MOHAN CHANDRA JOSHI AND DISHA JOSHI vs ANGLE INFRASTRUCTURE PVT LTD

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 for DH requests for short adjournment to give detail of properties which can be attached. Request is allowed.               To come on 15.02.2024 for further proceedings.

Adjudicating Officer is on leave. Adjourned to 06.02.2024 for further proceedings.

An affidavit is filed in the name of sh. Amulya Kumar Mishra, stated to be director of JD. In view of order passed by the Appellate tribunal dated 29.11.2022.                            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, in execution 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 10.02.2023.

Show  cause notices were issued to directors of JD as why they be not committed to civil imprisonment.  Needless to say, that vide order dated 05.09.2022, directors were  asked to file fresh  affidavit disclosing  assets/properties of JD. No such affidavit  was filed.                           No reply is filed to show cause notice.  Issue arrest warrants against directors of JD.  Commissioner of Police, Gurugram is authorized to get them arrested. Same be produced before this forum on or before next date.                         To come on  05.01.2023 for further proceedings.

On previous date, directors of JD was directed to furnish fresh affidavit giving details of its assets/properties which can be attached . No such affidavit  is filed.  Learned counsel for DH requests to send directors of JD to civil imprisonment.                   Issue 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 31.10.2022 for further proceedings.

Learned proxy counsel  for DH pointed out that main counsel is not available today. An affidavit of one Shri Amula Kumar Mishra, one of the directors of JD has been filed giving details of assets/properties of JD. It is not mentioned that said assets/properties are free from encumbrance, mortgage or attached with any other case.  Director of JD be directed to furnish fresh affidavit in this regard.  Short adjournment  is requested to comply with order.                To come on 20.09.022 for further proceedings.

Adjudicating Officer on leave, adjourned to 05.09.2022.

PoA filed by learned proxy for JD.                   Admittedly, there is no appeal against order under execution. As requested by counsel for DH,  JD is directed to furnish details of its assets/properties including bank account(s) worth attachment.   Same be filed in the form of an affidavit to be sworn by any one of directors preferably by the managing director. Copies of title deeds and statement of bank account(s) be also furnished alongwith affidavit.               To come on 15.07.2022 for further proceedings