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Value Line Interiors Private Limited vs Unison Hotels Private Limited on 22 October, 2020

Author: Rekha Palli

Bench: Rekha Palli

                                                                              Via video conferencing
                          $~OS-22
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     OMP (ENF.) (COMM.) 113/2020
                                VALUE LINE INTERIORS PRIVATE LIMITED ..... Decree Holder
                                              Through: Mr.Namit Suri with Mr.Sameer
                                                       Rohatgi, Ms.Purnima Singh &
                                                       Ms.Shivani Malik, Advs.

                                                   versus

                                UNISON HOTELS PRIVATE LIMITED ..... Judgement Debtor
                                             Through: Mr.Darpan Wadhwa, Sr. Adv. with
                                                      Mr.Aseem     Chaturvedi      with
                                                      Ms.Wamika Trehan & Mr.Shivank
                                                      Diddi, Advs.

                                CORAM:
                                HON'BLE MS. JUSTICE REKHA PALLI

                                             ORDER

% 22.10.2020

1. On 21.10.2020, learned counsel for the judgment debtor (JD) was granted time to get instructions as to whether the JD was willing to make a statement undertaking not to create any third party rights in their unencumbered assets to the extent of the value equivalent to the amount due under the award.

2. While this Court was issuing notice in the enforcement petition today, Mr.Wadhwa, learned senior counsel for the JD submitted that the JD is not in a position to make any such statement of undertaking.

3. Keeping in view the apprehensions expressed by the Decree Holder (DH) that the JD is facing financial crisis, which averment is not seriously disputed by the JD, as also the admitted fact that the awarded amount remains unpaid, I am of the view that it is essential to issue appropriate attachment orders so that the Award in favour of the DH is not rendered ineffective. Even though the DH has sought attachment of JD's bank account as also of its two properties, as set out in Document 3 annexed to the petition, I am of the considered opinion that interest of justice will be met by directing attachment of only one of the JD's properties. Accordingly, Grand Hotel, Plot No 2, Nelson Mandela Road, Phase-2, Vasant Kunj, New Delhi-110070 is hereby attached.

4. At request, list on 15.01.2021, by which date the parties will complete their pleadings in terms of the order dated 21.10.2020.

REKHA PALLI, J OCTOBER 22, 2020 gm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:23.10.2020 17:15:47