MRS ANKITA SHARMA AND MR VISHAL SHARMA vs BPTP LIMITED

Learned counsel for JD requests for adjournment stating that parties for negotiating for settlement. Request is allowed.                            To come on 22.03.2023 for further proceedings.

Certain objections are filed on behalf of JD. As per learned counsel for DH, possession of unit in question has not been handed over to her client. It is admitted by learned counsel for JD that possession has not been handed over. According to him, it was not handed over as DH did not pay outstanding dues. According to him a sum of Rs. 13,31,679.50/- is payable by DH to JD. Learned counsel did not give details as how this amount is payable by DH. Objections are thus dismissed.                         To come on 09.02.2023 for further proceedings.

Heard. On an application/objections filed by JD. It is submitted by learned counsel that there are some ambiguities/contradictions in the order under execution and he has already filed an application before the authority for rectification of same. Citing all this, learned counsel requests to adjourn the execution petition, till the disposal of said application.                          Even if any, such application has been filed by JD, admittedly, there is no stay against execution. I do not see any reason, to adjourn the execution petition till said application is decided. Request in this regard is declined. However, a short adjournment is granted to enable the JD, to apply for stay order from the authority.                            Learned counsel for DH requests to direct JD to disclose its assets/properties which can be attached to realise decretal amount. It is submitted by learned counsel that her client has no knowledge about assets/properties of JD. Allowed. JD is directed to disclose its assets/properties including details of bank account(s). Information is to be filed in the form of an affidavit to be sworn by any one from directors preferably by the managing director.  Copies of title deeds and statement of bank account(s) be also furnished alongwith affidavit.                        To come on 08.12.2022 for further proceedings.