AEROSTAR HELMETS PVT LTD vs IREO GRACE REALTECH PVT LTD

Advocates are abstaining from court work today. A request from District Bar Association, Gurugram has been received for suspension of today’s proceedings.                            Adjourned to 07.07.2023 for further proceedings.

It is submitted by learned counsel for JD that her client is interested in making payment. Two demand drafts were issued, but same have become in valid, as same were not presented by DH in his account.                                    Learned counsel requests for adjournment so that said demand drafts be revalidated. Not opposed. Request is allowed.                           To come on 28.04.2023 for further proceedings.

Learned counsel for JD requests for adjournment to make payment. Not opposed.                            To come on 17.03.2023 for further proceedings.

As per learned counsel for JD, she was ready to make payment of Rs. 5,00,000/- through a demand draft. None is appearing on behalf of DH. Issue notice to DH/complainant for next date.                        To come on 03.02.2023 for further proceedings.

Learned counsel for JD offered payment of 5,00,000/- through a demand draft. Learned proxy counsel for DH, requests for adjournment stating that neither main counsel nor their client could appear today. Allowed.                             To come on 06.01.2023 for further proceedings.

Learned proxy counsel for DH submits that his client has no knowledge about assets/properties of JD including details of bank account(s). He requests for directions to JD to disclose its assets/properties. Allowed.                    JD is directed to disclose its assets/properties including details of bank account(s) and unsold inventory of units. Same are to be filed in the form of an affidavit to be sworn by any one from directors preferably by the managing directors. Copies of title deeds and statement of bank account(s) be also furnished alongwith affidavit.               To come on 18.11.2022 for further proceedings.

Learned counsel for JD seeks 15 days more time to make payment to DH. Not opposed. Request is allowed.                         Let  the requisite payment be made before next date.                        To come on 21.09.022 for further proceedings.

Adjudicating Officer on leave, adjourned to 06.09.2022.

Case file received on being transferred from the Authority.                           CA of the Authority has filed his report about balance amount due against JD.  Learned counsel for JD submits that his client is ready to make payment according to report of CA. Short adjournment is requested for making due payments. Not opposed.                        Let due amount be paid to DH till next date.                        To come on 15.07.2022 for further proceedings.

MATTER IS ADJOURNED TO 28.04.2022.

1.     The decree holder  has filed execution petition  where a sum of Rs.20,56,571/- has been shown as decretal amount.  The CA of the Authority was also asked to check the calculation by calling both the parties and as per his calculation, the decretal amount has been shown to be Rs. 5,69,608/- and the said amount is due against the JD to be paid to the DH. Both the parties are directed to appear before the CA alongwith their calculations as per orders of the Authority and CA may finalize the decretal amount with copy to both the parties. Both the parties are directed to appear before the CA of the Authority on 18.02.2022 and the CA will submit his report within a week.     2.             The decree holder is desirous to execute the decree in response to the order in complaint no. 2508 of 2019 decided on 25.02.2020. 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”. 3.            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 holders, 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. 4.            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. 5.            The following is the operative part of decision and decree for which execution application has been made.                                I.             The respondent is directed to pay delayed possession charges at the prevalent prescribed rate of interest of 10.15% p.a. with effect from 27.11.2018 (due date of delivery of possession) till offer of possession i.e. 13.06.2019 in terms of section 18(1) proviso of the Act read with rule 15 of Haryana Real Estate (R&D) Rules, 2017 within a period of 90 days from the date of this order.                              II.             The complainant is directed to take possession of the apartment within a period of one month from the date of order after paying outstanding dues, if any with the prescribed rate of interest of 10.15%p.a. as awarded to them in the form of delay possession charges.                           III.            The respondents shall not charge anything from the complainant which is not the part of the agreement.   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 holder has 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.                                Matter to come up on 25.02.2022 for further proceedings.

On the last date of hearing i.e., 08.10.2021, the report of CA of the authority was received showing a sum of Rs. 5,69,608/-. However, the above amount has not been paid upto now by the JD to the decree holder. So, the decree holder is directed to file list of assets besides bank details of the JD within 3 days before the registry for attachment and sale in order to recover the decretal amount.  In case there is any objection to the calculations by any of the parties, the same may be submitted in the registry within a week. The counsel for the JD made a submission that the company is facing Enforcement Directorate enquiry  and hope that by next date of hearing the decretal amount will be paid.                       The matter to come up on 03.02.2022   for further proceedings

Verification report of the Chartered Accountant has been received and the same is placed on record.  As per report,  an amount of Rs.5,69,608/- is payable  by the decree holder to the JD.  Chartered Accountant report be given to both the parties.                 Matter to come up on 25.11.2021 for further proceedings.

Shri M.K. Dang Advocate has appeared on behalf of the JD and filed power of attorney and a copy of resolution passed by the Board of Directors.                  The counsel for the JD has stated at bar that  the conveyance deed has been signed in favour of the buyer. Possession has delivered to the DH. However, the DPC charges as per orders dated 25.02.2020 is to be made/paid to the DH.                   The matter is  referred to CA for cross verification of the decree sheet.  After verification by the CA,  the JD is directed to make payment of the decretal amount to the decree holder.              Both the parties are directed to appear before the CA on 2.9.2021 and CA is directed to submit his verification report of the calculation of the decretal amount within a week.               Matter to come up on  8.10.2021.

Coram not complete. Matter is fixed for 27.08.2021 for the purpose  already fixed.