PHOOL KUMARI vs RAHEJA DEVELOPERS LTD

MATTER IS ADJOURNED TO 19.01.2024.

RE-OPENED

On previous date, Manager of ICICI, Bank was directed to remit maximum amount from the bank account of JD i.e. 017105000125. Report of bank manager was also called in this regard. No report is received despite service of notice. Issue bailable warrants against said manager for next date, in sum of Rs. 10,000/- to be served through SHO, PS, Civil Lines, Gurugram.                            To come on 04.05.2023 for further proceedings.

Heard on an application filed by JD with requests to recall order dated 07.02.2023.  Manager of ICICI Bank, E-30 Saket, New Delhi-110017, was directed to remit maximum amount from the account of JD as permitted by rules of the banks and transfer the same in favour of Haryana Real Estate Regulatory Authority, Gurugram. So that same can be disbursed in favour of DH/complainant.                       It is submitted by learned counsel for applicant that aforesaid amount is an escorw account attached with Naveen Minar, Phase-I, New Delhi. No evidence is shown to verify the fact that aforementioned was an escorw account attached aforementioned project.  A copy of letter written by JD itself and another a copy of some certificate issued by CA. Where it is mentioned that “in majority all the expenses are being paid through ICICI bank account no. 017105000125 i.e. account in question”.                      Even if true, aforesaid are no evidence to verify that aforementioned is an escrow account attached with any project.                      Learned counsel for applicant/JD has one more contention i.e. this forum is not empowered to execute the decree/order passed by itself or the authority in view of order passed by the 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.                     Aforementioned contention has already been dealt with by this forum in order dated 07.02.2023. Considering all this, no reason for direction to de-freeze aforementioned account of the JD. Application in this regard is dismissed.                     Although, as mentioned above the manager of said bank was directed to remit maximum of amount from that account of the authority, so that same can be disbursed to DH. It is pointed out that there is a balance of Rs. 26,38,038.79/- in that account, why total decretal amount payable by JD is stated to be Rs 35,64,263/- i.e. less than balance in that account. Bank manager be directed to remit a sum of Rs. 35,64,263/- to the account of authority. So that same can be disbursed to DH/complainant. Let a copy of this order be sent to the bank manager for compliance.                     To come on 28.03.2023 i.e. date already fixed.

File taken up today, on an application for early hearing filed by learned counsel for JD. Let notice to same be issued to the DH/complainant. Be given dasti to the applicant (as requested by learned counsel for JD).                            To come on 10.02.2023 for further proceedings.

Vide order of this forum dated 24.08.2022, managers of two banks including ICICI bank were directed to attach bank accounts of JD.  No report was filed by any of said bank manager. Show cause notice were issued to both of said bank manager. Bank manager of ICICI Bank is present. According to him, no such notice was conveyed to him. Considering facts mentioned above, show cause notice as well as bailable warrants issued against said manager are  recalled.                     To come at 2:00 p.m in wait of JD.                                                                                                                                   This is a petition, seeking execution of order passed by the Authority dated 24.08.2021. Vide said order, apart from some other directions, the  respondent was directed to pay interest at the prescribed rate of interest i.e., 9.30 per cent per annum for every month of delay from the due date of possession i.e 09.04.2018 till handing over possession of allotted unit. Complainant was also asked to pay outstanding dues (if any), after adjustment of compensation for delayed period.                    DH gave her calculation along with the execution petition. According to it, a total of Rs. 36,23,601 was due at the time of filing of execution petition.                     During proceedings, on request made by learned counsel for decree holder, some bank accounts of JD were ordered to be attached, vide order of this forum dated 24.08.2022. A report has been received from ICICI bank as described earlier also. According to it, there is a balance of Rs. 2,638,038.79/- in the account of JD, with said bank. Learned counsel for DH requests for direction to manager of said bank, to release decretal amount in favour of his client, after debiting the same from the account of JD, mentioned above.               On the other hand, according to the learned counsel for JD, this forum cannot  execute order/decree under execution after passing of order by the High Court of Punjab and Haryana, Chandigarh, in case titled 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 No. 7750 of 2022. According to him, recovery certificate can only be issued to the collector, to recover decretal amount.               Learned counsel for DH refuted said contention, stating that as order has already been passed to attach said bank account, there is no reason now to issue recovery certificate.                I find weight in the plea of learned counsel for DH. Process for recovery of decretal amount has already been started and the matter has almost reached a conclusion. No reason to issue recovery certificate now. Request of learned counsel for DH is allowed. Let manager of ICICI bank, E-30 Saket, New Delhi-110017, be directed to remit Rs 35,64,263/- amount as permitted by rules of bank from account of JD in favour of The Haryana Real Estate Regulatory Authority so that same can be disbursed in favour of DH/complainant. Total decretal amount now is stated to be Rs. 35,64,263.                Let a copy of this order be sent to the manager of ICICI Bank stated above for compliance. Report of bank manager be also called in this regard, for next date.                 To come on 28.03.2023 for further proceedings.

On previous date, bank account of JD with ICICI bank, E-30 Saket, New Delhi-110017, was ordered to be attached. Manager of said bank be directed, not to allow withdrawal of any amount from this account, leaving balance less than decretal amount. Report of bank manager was ordered to be called for today. No such report is received despite service upon Manager. Issue show cause notice to said manager as why legal action be not taken against her/him. At the same time, issue bailable warrants against him/her in sum of Rs. 10,000/- to be executed through SHO, PS Sadar, Gurugram.                        Learned counsel for DH requests for directions to JD to disclose its other assets/properties stating that his client is not aware of assets/properties of JD. Request is allowed.                    JD is directed to disclose its assets/properties including bank account till next date. Information be given in the forum of affidavit to be sworn by anyone from directors preferably by managing director. Copies of title deeds and statement of bank account be also provided along with the affidavit.                     To come on 07.02.2023 for further proceedings.

MATTER IS ADJOURNED TO 29.11.2022.

Learned counsel for DH requests to attach the bank account(s) of JFD, details of which have already been given by him. According to him, decretal amount has not been  paid till now and he has no notice about any appeal filed against decree under execution. Request is allowed.  Let the aforesaid bank account(s) of JD be attached.  Managers of said banks be directed not to allow withdrawal of amount to the extent of decretal amount from said accounts. Report of managers be called till next date.                  To come on  10.10.2022 for further  proceedings.