Delhi High Court - Orders
Rule 1 And 2 Cpc) M/S Djb Infrastructures ... vs M/S Shailendra Singh And Co. & Ors on 14 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 550/2020
I.A.11982/2020 (under Order XXXVIII Rule 5 R/W Order XXXIX
Rule 1 and 2 CPC)
I.A.11983/2020 (exemption)
M/S DJB INFRASTRUCTURES AND
DEVELOPERS INDIA PVT. LTD. ...... Plaintiff
Represented by: Ms.Sanam Siddiqui, Advocate with
Mr.Dheeraj Gupta, Advocate.
versus
M/S SHAILENDRA SINGH AND CO. & ORS. ...... Defendant
Represented by: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 14.12.2020 The hearing has been conducted through video conferencing. I.A. 11983/2020 (exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
CS(COMM) 550/2020 I.A.11982/2020 (under Order XXXVIII Rule 5 R/W Order XXXIX Rule 1 and 2 CPC)
1. Plaint be registered as a suit.
2. Issue summons in the suit and notice in the application to the defendants on the plaintiff taking steps through Email, SMS, Whatsapp, Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 550/2020 PageGUPTA MUKTA 1 of 4 Signing Date:14.12.2020 19:15:04 Speed Post and Courier, returnable before the learned Joint Registrar for completion of service, pleadings and admission-denial of documents on 16th February, 2021.
3. Written statements to the suit and reply affidavits to the application along with the affidavits of admission-denial be filed within thirty days. Replication and rejoinder affidavit along with the affidavit of admission- denial be filed within three weeks thereafter.
4. List the suit and application before Court on 24th May, 2021.
5. The present suit has been filed by the plaintiff impleading M/s. Shailendra Singh and Co., Mr.Shailendra Singh, Advocate, Mr.Milind Sadashiv Lavate, M/s. Aditya Enterprises, Mr.Rohit Mittal, Genesis Enterprises and Ms.Ankita Das wife of Rohit Mittal as defendant Nos. 1 to 7 respectively. Case of the plaintiff is that the plaintiff had purchased a parcel of land at Amritsar, Punjab admeasuring 7.38 Acres at Sultanwind and was desirous of developing and constructing a Five Star Timeshare Hospitality project to provide facility of stay at a very low cost to the devotees who visit Golden Temple at Amritsar, Punjab. The plaintiff besides purchasing the land, also received various approvals, permissions and no objections for the development and construction of the project from the various authorities and thereafter wanted equity participation by the prospective investors. According to the plaintiff, defendant Nos. 1 to 7 along with their representatives approached the plaintiff with the assurance that through their efforts, equity funds of approximately ₹600 Crores shall be infused in the said project through the defendant No.6 in lieu of allotment of 50% equity share capital by the plaintiff to the defendant No. 6 company, along with the entitlement of 60:40 % profit sharing in the project between the defendant Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 550/2020 PageGUPTA MUKTA 2 of 4 Signing Date:14.12.2020 19:15:04 No. 6 and plaintiff.
6. On the representations of the defendants, who informed that a Trust was required to be created, the plaintiff also formalized the creation of a Trust. An investment agreement dated 16th February, 2018 was executed between the plaintiff company and the defendant No.6. Pursuant to the valuation report received, a supplementary investment agreement was executed between the plaintiff and the defendant No.6 and in terms of clause 5 of the said agreement, defendant No. 1 through defendant No.2 was appointed as an Escrow agent to act as a Trustee of the plaintiff to keep in Trust the Escrow amount of ₹6 Crores, to be transferred by the plaintiff. After the execution of the Escrow agreement, plaintiff transferred a sum of ₹6 Crores by RTGS to the bank account of defendant No.1 i.e. Account No. 50200008914562 with HDFC Bank, Connaught Place, New Delhi. The defendant No. 1 besides the other defendants duly acknowledged the execution of the Escrow agreement. Vide an email dated 27 th April, 2018, the defendant No. 5 sought some time to transfer the funds.
7. It appears that thereafter, the said amount was siphoned off as an email was received from the defendant No.2 on 9th May, 2018 stating that false, forged and fabricated documents i.e. the Retainership agreement, vakalatnama and a letter on the letterhead of the DJB Infrastructure is created by the defendant Nos. 1 to 7. The plaintiff got registered an FIR being FIR No. 132/2018 under Sections 420/406/409/467/468/471/120B IPC at P.S Economic Offences Wing. Thereafter, the plaintiff and defendant Nos. 1 to 7 through defendant No.3 settled the matter with the plaintiff and signed a settlement agreement whereby the defendant No.3 agreed to pay a sum of ₹6 Crores along with the interest at the rate of ₹50 lakhs, thereby, Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 550/2020 PageGUPTA MUKTA 3 of 4 Signing Date:14.12.2020 19:15:04 making a total amount of ₹6.50 Crores. However, after entering into the settlement, the defendants are not honouring the settlement and hence, the present suit.
8. Considering the averments in the plaint as also the documents filed therewith, this Court finds that the plaintiff has made out a prima facie case in its favour & in case no ex-parte interim order for attachment before judgment is passed, there are great chances of the plaintiff being not able to recover the money and since the sum of ₹6 Crores was transferred to the account of defendant No.1, the defendant No. 1 and defendant No. 2 are restrained from creating any third party rights in the property bearing No.7B, Girdhar Apartment, 28 Firoz Shad Road, New Delhi-110002, till the next date of hearing before this Court.
9. Compliance under Order XXXIX Rule 3 CPC be done within one week.
10. Copy of the order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 14, 2020 akb Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 550/2020 PageGUPTA MUKTA 4 of 4 Signing Date:14.12.2020 19:15:04