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Delhi High Court - Orders

Sanjay Puri vs Lalit Puri on 29 November, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                    $~5
                    *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +     EX.P.  74/2020,    EX.APPL.(OS)                   700/2021(Direction),
                          EX.APPL.(OS) 767/2021(Direction)

                          SANJAY PURI                                  ..... Decree Holder
                                                Through:       Mr. Ishaan Chawla, Adv.

                                                versus

                          LALIT PURI                                   ..... Judgement Debtor
                                                Through:       Mr. Lalit Gupta, Adv.

                          CORAM:
                          HON'BLE MR. JUSTICE YASHWANT VARMA
                                                ORDER

% 29.11.2022 EX.APPL.(OS) 454/2021 (Modification of O. D. 19-03-2021)

1. This application has been preferred for modification of the order dated 19 March 2021. The Court had in terms of that order and upon hearing parties observed as follows:-

"3. The judgment debtor is directed to file additional affidavit in terms of the format of Annexure A-1 to the judgment of M/s Bhandari Engineers & Builders Pvt. Ltd. v. M/s Maharia Raj Joint Venture, 2020 (270) DLT) 582, along with the documents mentioned therein within 30 days.

4. Show cause notice is hereby issued to the judgment debtor as to why the judgment debtor be not detained in civil prison for not executing necessary documents in terms of judgment and decree dated 15th March, 2018. Learned counsel for the judgment debtor accepts notice. Let the reply be filed within two weeks. Rejoinder within two weeks thereafter.

5. Learned counsel for the decree holder submits that the judgment debtor be directed to execute the necessary documents in favour of the decree holder. The judgment debtor is directed to execute the necessary documents in favour of the decree holder within a period of four weeks from today.

6. Learned counsel for the judgment debtor submits that the decree holder has also to execute certain documents in terms of the judgment dated 15th March, 2018. Learned counsel for the decree holder submits that decree holder has discharged all its obligations in terms of the judgment dated 15th March, 2018.

week to place on record the obligations to be discharged by the decree holder in terms of the judgment dated 15th March, 2018 with advance copy to counsel for the decree holder who shall respond to the same on affidavit within two weeks thereafter."

2. Subsequently, and on 08 April 2021, the aforesaid order was placed in abeyance by the Court. While doing so, the Court had provided as follows:-

"6. Both the parties are directed to file an undertaking to this Court to discharge all their respective obligations under the decree dated 15th March, 2018 within a period of three months. The affidavit shall state the respective obligations of the parties and stages in which they will discharge their obligations.

7. The decree holder shall draft the undertaking to be filed by the judgment debtor with respect to the obligations of the judgment debtor and shall furnish the same to the counsel for the judgment debtor within one week whereas the judgment debtor shall draft the undertaking of the decree holder with respect to the obligations of the decree holder under the decree and shall furnish the same to counsel for the decree holder within one week. The undertakings shall be filed in terms of the said draft.

8. In the event of any difference between the parties, the parties shall file an appropriate application before this Court to seek further directions.

9. Subject to both the parties complying with these directions, the directions contained in paras 2, 3, 4, 5 and 7 of the order dated 19th March, 2021 are kept in abeyance till the next date of hearing."

3. The matter was thereafter called on 15 July 2021, when it was adjourned upon the Court noting that the decree holder is yet to fulfil his part of the obligations.

4. That order was taken in appeal being EFA(OS) 5/2021. In the appeal, a consent order was thereafter framed in the following terms:-

"7. After deliberations, including on pass over, it has been agreed between the parties as under:-

(i) That the appellant, on or before 20th August, 2021, shall execute and deliver to the respondent a Power of Attorney with respect to the Rani Jhansi Road property, draft whereof shall be forwarded by the counsel for the respondent to the counsel for the appellant on or before 13th August, 2021, empowering the respondent to represent the appellant, whether in documents or personal appearance, before the L&DO and other Governmental agencies for the purposes of mutation of the lease hold rights in land underneath the said property jointly in the name of appellant and respondent and/or for Signature Not Verified mutation of the ground floor of the said property in the name Digitally Signed By:NEHA Signing Date:30.11.2022 17:17:29 of the appellant and of the first and second floors of the said property in the name of the respondent.

(ii) That the respondent shall on or before 20th August, 2021 hand over to the appellant, the NOCs desired by the appellant and the draft whereof is stated to have already been handed over to the respondent and also execute and deliver to the appellant a power of attorney in favour of the appellant, as per draft to be furnished by counsel for the appellant to the counsel for the respondent on or before 13th August, 2021, empowering the appellant to have mutation/transfer of the two other properties which in the partition decree aforesaid have fallen to the exclusive share of the appellant, in the name of the appellant.

(iii) That on the respondent intimating to the appellant, the dues of L&DO or other Governmental agencies with respect to the Rani Jhansi Road property together with documentary proof thereof, the appellant shall pay his 50% share thereof and if does not pay the same within 15 days, the said share can be recovered from sale/auction of the ground floor of Rani Jhansi Road property and the respondent shall also be entitled to bid therefor and/or purchase the same.

(iv) The application for such sale shall be made in the pending Execution Petition only and no separate Execution Petition shall be required to be filed therefor.

(v) That the appellant's share of the said dues including misuse charges, if any, shall be the first charge on the ground floor of Rani Jhansi Road property.

(vi) Till the said charge is satisfied, the appellant shall not deal with the ground floor of the Rani Jhansi Road property in any manner whatsoever and shall not agree to sell or create any other rights in the said property and not part with possession thereof.

8. The senior counsel for the appellant under instructions states that the ground floor of the Rani Jhansi Road property is free from all encumbrances and has not been encumbered in any way hatsoever by the appellant and the appellant is in vacant peaceful physical possession thereof.

9. The settlement hereinabove recorded supersedes the order impugned in the appeal. If either the appellant or the respondent do not furnish the Power of Attorney/NOC which they have hereinabove agreed to furnish, the Court where the Execution Petition is pending shall be entitled to authorise any other person to execute the Power of Attorney on behalf of the defaulting party."

5. In view of the aforesaid and since the subsequent order of 10 August 2021 now holds the field, the order of 19 March 2021 in essence does not survive since it clearly stands superseded by the order aforenoted.

6. In view of the aforesaid, this application shall stand disposed of. EX.P. 74/2020, EX. APPL. (OS) 700/2021 (Direction), EX. APPL. (OS) 767/2021 (Direction)

7. The parties are consequently directed to act in furtherance of the directions which were issued on 10 August 2021 which would take care of prayer (a) in the Execution Petition.

8. Let the matter be called again on 22.03.2023 to review progress.

YASHWANT VARMA, J.

NOVEMBER 29, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:30.11.2022 17:17:29