MR NAVNEET TRIKHA AND MRS ANUPAMA TRIKHA vs MS SANA REALTORS PVT LTD

RE-OPENED

It is pointed out that appeal filed by present JD before Appellate Tribunal has already been dismissed. No objections are filed on behalf of JD. Learned counsel for latter submitted that his client has also filed his calculation. According to him, DH wrongly calculated the amount paid by him to his client i.e. promoter (JD).                         It is found that DH has mentioned amount paid by him as Rs. 21,40,196/- i.e. the same amount which is mentioned by the authority also in order under execution. No weight in the objection raised by learned counsel for JD. Same is thus dismissed.                         Learned counsel for DH requests to issue recovery certificate. In view of order passed by the 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, recovery certificate is required to be issued.  Let recovery certificate be issued to the Collector, Gurugram to recover decretal amount as arrears of land revenue.                         Let file be sent to the Accounts Officer to prepare recovery certificate as per calculation done by DH. Same be got signed from the undersigned.                    Compliance report from the Accounts Officer be called for 09.04.2024.

The Adjudicating Officer is on leave. Adjourned to 05.02.2024 for further proceedings.

Matter is adjourned to 23.11.2023.

Both of counsels request for short adjournment stating that negotiations for settlement are going on between the parties. Allowed.                  To come on  12.09.2023 for further proceeding.

It is pointed out that appeal is still in process. Even otherwise, proxy counsel for DH requests for adjournment stating that main counsel could not come today. Allowed.                            To come on 14.07.2023 for further proceedings.

Adjudicating Officer is on leave.                           Adjourned to 01.05.2023 for further proceedings.

It is submitted by learned counsel for JD that his client has deposited the amount with the Appellate Tribunal in compliance of Section 43(5) of the as per order given by the Apex Court. An affidavit in the name of Mr Ajay Vij stated to be authorized representative of JD has also been put on file.                             Learned counsel for adjournment stating that appeal is pending before the Appellate Tribunal.                            To come on 05.04.2023 for further proceedings.

This is an application with request to revive the execution petition.                    As per learned counsel for DH appeal filed by JD against decree under execution has already been dismissed by the Appellate Tribunal. Vide order dated 17.10.2019, SLP filed before the Apex Court has also been dismissed. According to her there is no legal impediment now to execute decree.                    A copy of order passed by Appellate Tribunal has also been put on record.                    As per learned counsel decretal amount has not been paid  till now. She requests to attach bank account of JD i.e. account no. 03138630000167, HDFC Bank, H-60, Outer Circle, Cannaught Place New Delhi-110001.  As per learned counsel, this is not an escrow account attached with any project.  Request is allowed. Aforementioned above account of JD is attached to realize decretal amount. Manager of said bank be directed not to allow withdrawal of any amount from said account leaving balance less than decretal amount. Report of bank manager be also called in this regard for next date.             To come on 31.01.2023 for further proceedings.

THE MATTER IS ADJOURNED SINE-DIE.

THE MATTER IS ADJOURNED TO 05.03.2021

Proceedings                    Vide order dated 16.10.2020, the Hon’ble High Court  while deciding various writ petitions permits the petitioner (respondent) to make the pre-deposit of the terms of the proviso to Section 43 (5) of the Act before the Appellate Tribunal not later than 16.11.2020. Upon making of the pre-deposit within the time granted by the Hon’ble High Court, the Appellate Tribunal will recall its order dismissing the appeal, restore the appeal to file and proceed to dispose of the appeal on merits which will include examining the validity of the order of the Authority.  On failure of the petitioners to make the pre-deposit with the time as granted by the Hon’ble High Court, the order of the Appellate Tribunal dismissing the appeal will stand affirmed without any further recourse to this Court. The respondents are directed to produce/submit proof regarding filing of appeal before the Appellate Tribunal before the next date of hearing  otherwise they should come alongwith the cheque of decretal amount to be paid to the DH.                          Accordingly, the matter is listed for 2.12.2020 for further proceedings.

DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 27.10.2020

DUE TO COVID-19 PANDEMIC, THE CASE IS ADJOURNED TO 08.09.2020

In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 17.07.2020.

THE MATTER IS ADJOURNED TO 01.05.2020.

Vide order dated  02.04.2019, passed by the Authority, the respondent was directed to pay the interest at the prescribed rate i.e. 10.75% p.a. for every month of delay from the due date of possession i.e. 07.08.2013 till the offer of possession i.e. 05.12.2018 but the respondent failed to comply that order. 2.                In order to realized the decretal amount from the judgment debtor, the decree holder is directed to submit details of bank account(s) of the judgment debtor within a period of 10 days alongwith  address(s)  of the directors of the judgment debtor so that they may be directed to come present before the Authority to  bring the demand draft of the decretal amount payable to the decree holder in order to satisfy his claim. 3.               Let the matter be posted for further proceedings on 17.03.2020.