State Consumer Disputes Redressal Commission
Meera Rawat vs Emerging Valley Private Limited on 12 April, 2022
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH M.A. No. in EA/192/2019 : 127 of 2022 Date of Institution : 18.02.2022 Date of Decision : 12.04.2022 Meera Rawat w/o G.S. Rawat, r/o H.No.122/2, Sector 45-A, Chandigarh. ...Decree Holder Versus Emerging Valley Pvt. Ltd. having its Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director/Authorized Signatory. Gurpreet Singh Sidhu, Managing Director, Emerging Valley Pvt. Ltd. Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. ..... Judgment Debtors BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT. MRS.PADMA PANDEY, MEMBER.
MR.RAJESH K. ARYA, MEMBER Present:- Sh. Devinder Kumar, Advocate for the Decree Holder.
Sh. J.S. Rattu, Advocate for the applicant-Sh. Gurpreet Singh Sidhu, Managing Director (in custody).
JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT By this order, we would like to dispose of this bail application filed by the applicant-Sh.Gurpreet Singh Sidhu, Managing Director/ Director of Emerging India Housing Corporation Private Limited/Emerging Valley Private Limited.
We have heard the contesting parties and have gone through the material available on the record.
Before proceeding further, it is pertinent to mention here that earlier first bail application filed by the applicant-Sh.Gurpreet Singh Sidhu, in this case was dismissed vide order dated 01.11.2021. This second bail application has been filed by the applicant-Sh.Gurpreet Singh Sidhu on the following grounds that compromise has already been effected between the parties;
that the offence is bailable;
that the applicant has already placed on record demand draft of Rs.25 lacs in the name of Secretary of this Commission; and that an amount of Rs.75 lacs is lying deposited in this office.
Counsel for the applicant- Sh.Gurpreet Singh Sidhu further submitted that vide compromise/settlement deed dated 30.01.2022, which is already on record, it was agreed to between the parties that out of total decreetal amount of Rs.25,66,475.89 ps. an amount of Rs.24 lacs towards full and final settlement of the claim is payable to the complainant(s)/decree holder(s). It has been further submitted by him that out of the said amount of Rs.24 lacs, an amount of Rs.12 lacs (Rs.6 lacs each) stood paid to the complainant(s)/decree holder(s). Receipt of the said amount of Rs.12 lacs has not been disputed by Counsel for the complainant(s)/decree holder(s)-Meera Rawat.
Keeping in view the fact that 50% of the agreed decreetal amount stood paid by the applicant- Sh.Gurpreet Singh Sidhu to the complainant(s)/decree holder(s), we are of the considered view that we can grant interim bail to Sh.Gurpreet Singh Sidhu upto 15.08.2022, so that the remaining payment is also made during the period intervening.
In this view of the matter, this bail application is allowed. The order with regard to attachment of property in this case i.e. in execution application bearing no.192 of 2019 only, if any, of the applicant- Sh.Gurpreet Singh Sidhu is ordered to be removed. The applicant- Sh.Gurpreet Singh Sidhu is ordered to be released on interim bail upto 15.08.2022, subject to his furnishing of bail bond in the sum of Rs.5 lacs, in order to further safeguard the interests of the complainant(s)/decree holder(s). This application stands disposed of, accordingly.
As far as plea taken by Counsel for the applicant- Sh.Gurpreet Singh Sidhu to the effect that total amount of Rs.75 lacs (recovered by attaching the property/accounts of the applicant) inclusive of Rs.25 lacs, is lying deposited before this Commission, it may be stated here that as reported by the office of this Commission, out of the said amount, total amount Rs.13 lacs (Rs.5 lacs, Rs. 4 lacs and Rs.4 lacs) stood released to different decree holders in the pending execution applications, on the request of Counsel for the applicant- Sh.Gurpreet Singh Sidhu and as on date an amount of Rs.62,94,534/- only is lying deposited with this Commission, which shall be paid to the decree holders, proportionately.
Now to come up in the main execution application on 29.04.2022, for further proceedings.
Certified copies of this order be sent to the parties, free of charge and copy be placed on the connected case files.
Pronounced.
12.04.2022 Sd/-
[JUSTICE RAJ SHEKHAR ATTRI] PRESIDENT Sd/-
(PADMA PANDEY) MEMBER Sd/-
(RAJESH K. ARYA) MEMBER Rg.