Delhi High Court - Orders
M/S Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 17 November, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 40/2021 & EX.APPL.(OS) 781/2021, EX.APPL.(OS)
1353/2021, EX.APPL.(OS) 222/2022, EX.APPL.(OS) 2945/2022,
EX.APPL.(OS) 2946/2022, EX.APPL.(OS) 3583/2022,
EX.APPL.(OS) 820/2023
M/S AMBAWATTA BUILDWELL PVT LTD ..... Decree Holder
Through: Mr. Pardeep Dhingra and Mr. Archit
Relan, Advocates.
versus
IMPERIA STRUCTURE LIMITED & ORS. ..... Judgement Debtors
Through: Mr. P. S. Bindra, Senior Advocate
with Mr. Rishabh Pant, Advocate for
JD.
Mr. Rakshith Srivastava Advocate in
EX.APPL.(OS) 820/2023.
Mr. Puneet Kumar, Advocate for
Intervenors.
Mr. Puneet Kumar, Advocate with
Mr. Ranjeev Nanda, applicant in
person in EX. APPL. (OS)
1429/2023.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.11.2023 EX.APPL.(OS) 1429/2023(u/S 151 of CPC on behalf of Sh. Ranjeev Nanda seeking directions)
1. The present application makes the following prayer:
"In view of aforementioned facts and circumstances, it is most respectfully EX.P. 40/2021 Page 1 of 4 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 19/11/2023 at 00:30:12 prayed that this Hon'ble Court may be pleased to pass an order thereby directing removal of attachment/ freeze over the properties of Imperia Structures Ltd. to the tune of Rs. 42,64,663/- (Forty Two Lacs Sixty Four Thousand Six Hundred Sixty Three Only)."
2. The Applicant's prayer primarily relates to a direction contained dated 04th June, 2021, passed by this Court, which reads as under:
"5. The judgment debtors shall not transfer, alienate or create any third party interest in respect of its assets to the tune of decreetal amount except in the ordinary course of its business such as payment of salary/statutory dues. However, the judgment debtors shall not discharge any liability except the financial liability in respect of a bank/financial institution till the next date of hearing."
3. Briefly put, the Applicant was an allottee of a unit in a real estate project of Judgment Debtor No. 1, Imperia Structure Limited, however, possession thereof was not delivered in a timely manner. This caused the Applicant to prefer a complaint before the Uttar Pradesh Real Estate Regulatory Authority ["U.P. RERA"]. Subsequently, an award dated 09th September, 2019, was passed by U.P. RERA in favour of the Applicant, in terms of which, apart from possession of the said unit, the Appellant was held to be entitled to receive the deposit amount with interest from the Judgment Debtor. However, the Judgment Debtor failed to comply with the same. It is stated that the during the pendency of the proceedings, the Judgment Debtor filed an application stating the non-compliance was on account freezing direction issued by this Court on 04 th June, 2021. On consideration thereof, the U.P. RERA passed an order on 16th December, 2021, whereby the Applicant's complaint was directed to kept in abeyance till the disposal of the instant proceedings.
4. Counsel for Applicant states that the Applicant is entitled to a refund of INR 25,61,359/- along with interest of INR 17,03,304/-, as per the award EX.P. 40/2021 Page 2 of 4 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 19/11/2023 at 00:30:12 dated 09th September, 2019 and therefore, the Applicant seeks a direction to remove the attachment/ freeze over the Judgment Debtor No. 1's assets to the extent of refund as well as the interest amount.
5. In the considered opinion of the Court, the directions issued by this Court while passing order dated 04th June, 2021 were for the purpose of execution of the decree. The said order itself makes it very clear that Judgment Debtor has been directed not to transfer, alienate or create any third-party interest in respect of assets - only to the tune of the decretal amount. At this stage, it must be noted that the decretal amount is INR 2,92,34,384/- as on 02nd May, 2021. Therefore, the order of this Court does not, in any manner, interdict any other proceedings which are pending consideration before U.P. RERA.
6. It is clarified that U.P. RERA has not been restrained from proceeding in its adjudication of complaints against Judgment Debtor. The direction contained in order dated 04th June, 2021, is only to the extent of decretal amount noted above and therefore, Applicant's apprehension is misconceived. It appears that U.P. RERA is interpreting the orders of this Court to mean that no proceedings can continue against Judgment Debtor. This is a misconstruction of the orders of this Court. The Applicant is free to avail appropriate remedies against the order passed by the U.P. RERA in accordance with law.
7. With the above clarification, disposed of.
EX.P. 40/20218. The Court has been informed of order dated 01 st November, 2023 passed by the Hon'ble Division Bench of this Court in RFA(OS)(COMM) 37/2019, which indicates that an appeal against order dated 07th April, 2022, EX.P. 40/2021 Page 3 of 4 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 19/11/2023 at 00:30:12 whereby the Judgment Debtor was restrained from alienating certain assets and shares - is pending consideration. The appeal is next listed for 19th January, 2024.
9. Accordingly, the hearing is adjourned to 01st February, 2024.
SANJEEV NARULA, J NOVEMBER 17, 2023 d.negi EX.P. 40/2021 Page 4 of 4 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 19/11/2023 at 00:30:12