ASHOK KUMAR YADAV AND ANOTHER vs KST INFRASTRUCTURE LIMITED

Case file received on being transferred from the  Authority.                   Learned counsel for DH requests to adjourn the matter sine die as insolvency proceedings are going on against JD.                   To come on 18.10.2022 for further proceedings.

The Authority is busy in preparation of Haryana Urban Development Conclave, Future Road Map for Urban Development and Implementation of RERA to be held on 25.02.2022 and 26.02.2022.                      In view of the same,  the matter is adjourned to 21.04.2022 for the purpose as already fixed.

Despite issuance of attachment of bank account and process for the presence of JD, no tangible results could be achieved. So the authority vide its previous order dated 29.10.2021, directed for issuance of process for oral examination of Directors and CS of the JD company under Order XXI Rule 41(1) & (2) of the CPC,1908 and filing an affidavit for disclosing the assets of the JD for recovery of the decretal amount i.e.; Rs.27,29,061/-. But that direction could not be complied with inadvertently.           So, let a fresh process as per provisions of Order  XXI Rule 41(1) & (2) of the CPC,1908 for oral examination of the Directors and CS of the JD with respect to assets as well as filing of list of assets by way of an affidavit be issued, failing which the consequences as envisaged under Order XXI Rule 41(3) will follow.           Matter to come up on 23.02.2022 for further proceedings.

Vide order dated 05.06.2018 passed by the authority in complaint no. 17 of 2018, the respondent was held entitled to refund Rs. 16,72,368/-besides interest @10.45% p.a. to be paid within 90 days to the complainant. Since the JD failed to pay the amount of Rs. 27,29,061/- within the stipulated period, so it led to the filing of the execution petition against it. An effort was made to recover the above-said amount by way of attachment of the bank account bearing no. 31689398813 of the JD but a report was received from the bank manager, State Bank of India, M.G. Road, Gurugram branch with regard to the account being NPA on 12.12.2019.            So, the authority was left with no option but to secure the presence of the JD by issuance of bailable warrants as per the provision of order XXI rule 41 of CPC. Even no objections to the same have been received.             Let the process for oral examination of directors of the JD corporation and company secretary of the JD be issued under Rule 41 (1) of Order XXI  and also to make an affidavit stating the particulars of the assets of the JD under Rule 41 (2) Order XXI of CPC, 1908.   Matter to come up on 24.12.2021 for further proceedings.

THE MATTER IS ADJOURNED TO 29.10.2021

THE MATTER IS ADJOURNED TO 09.09.2021

RE-OPENED

Calculation sheet of the decretal amount as well as details of bank account of the JD  has not yet been submitted by the decree holder. He is directed to submit the same on the next date of hearing.                  Matter is adjourned to 19.11.2020.

DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 08.10.2020

IN ORDER TO OBVIATE THE MENACE OF CORONAVIRUS,  COURT IS ADJOURNED. MATTER IS FIXED FOR  21.08.2020

In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 02.07.2020.

Due to paucity of time, matter could not be taken up. Adjourned to 16.4.2020.                   Registry is directed to issue notice under Order 21 of Rule 41 of CPC  to the  JD for compliance

Office is directed to issue notice to the directors of t he JD to bri n demand draft of thedecretal amount payable to the decree hol d er before th next date of hearing failing whichthe Authority shall be at const ra ined to issue arrest warrants against the JD.List on 12.03.2020 for further proceedings.

Due to paucity of time the matter could not be taken up. Adjourned to 23.01.2020.

None is present on behalf of judgment creditor despite due process of notice. As such there is no option before this Authority but to proceed against ex-parte in accordance with law.2. Decree holder has submitted statement of accounts vide which an amount of Rs. 2729061- is due from the judgement creditor to be realized by way of this execution. He has also submitted details of bank accounts of the judgement creditor.3.Accordingly the office is directed to write a letter to the concerned bankmanager to remit an amount of Rs.2729061- from the said account of the judgement creditor in the account of RERA Authority within a period of 10 days from the date receipt this letter. Office is directed to send a copy of this order alongwtth letter to be sent to the concerned bank manager.4. A copy of this order alongwith a letter may also be handed over the decree holder dasti in order to deliver the same to the concerned bank manager.5. Let the matter be put up for further proceedings on 19.12.2019.