Delhi High Court - Orders
Surinder Singh Marwah & Anr vs Aerens Entertainment Zone Limited on 28 November, 2023
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
$~C35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 482/2009 & CO. APPL. 847/2023, CO.APPL.
848/2023
SURINDER SINGH MARWAH & ANR. ..... Petitioners
Through: Mr. Vishnu Dutt and Mr.
Naman Dutt, Advs.
versus
AERENS ENTERTAINMENT ZONE LIMITED... Respondent
Through: Mr. Aman Nandrajog, Adv. for
applicant (CA-575/2018)
Mr. Jagdeep Sharma, Adv. for
applicant Pankaj Arora.
Mr. Alok Kumar, Sr. Advocate
with Ms. Manisha A. Narain,
Mr. Siddhant Bhatti, Mr. Varun
Maheshwari, Mr. Diwaker
Lohia and Mr Mana Songi (CA-
847/2023).
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 28.11.2023 CO.APPL. 849/2023 - EXMP.
Allowed, subject to all just exceptions.
The application stands disposed of.
CO.PET. 482/20091. Attention of this Court is invited to the previous order dated 12.09.2023, pursuant thereto one applicant, namely Pankaj Arora is present, who is duly represented by his counsel and it is submitted that This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:11:03 they are ready and willing to buy the property in dispute for a total consideration of Rs. 39 crores, which is over and above the amount earlier quoted for the sale consideration of the property that was pegged at Rs. 35.10 crores. It is also submitted that they are ready to submit a demand draft covering 10% of the proposed sale consideration today in the Court.
2. However, learned counsel for M/s. Phoenix ARC Private Limited appearing through VC alluded to the order dated 03.12.2018 and it is vehemently urged that this matter should be considered by the Debt Recovery Tribunal as this Court has no jurisdiction since the original petition was filed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 ["SARFAESI"] and also for the fact that the sale already stands concluded so much so that the registered sale deed has since been executed and the physical possession of the premises has been handed over to the buyer.
3. On being asked, it is clarified by the learned counsel for M/s. Phoenix ARC Private Limited that the auction took place on 14.06.2023, on which date the new buyer, namely, Zenex Valley Private Limited was declared as the highest bidder. However, he requests some time to file a detailed reply/report on the record giving details of the execution of the registered sale deed.
4. Learned senior counsel appearing for the Official Liquidator requests for an accommodation stating that she wants to cite relevant case laws before the issues are considered by this Court.
5. Learned counsel for the applicant/Ex Management also requests time to file written submissions with regards to their pleas in the matter.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:11:03
6. Let replies/written submissions as aforesaid be filed on the record within four weeks from today.
7. Re-notify the matter on the date already fixed i.e. 23.01.2024.
CO. APPL. 575/2018This application be also listed on 23.01.2024.
DHARMESH SHARMA, J.
NOVEMBER 28, 2023/sm This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/11/2023 at 22:11:03