Delhi High Court - Orders
Vistra Itcl (India) Limited vs Pranav Ansal & Anr on 1 June, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 116/2019, EX.APPL.(OS) 939/2019, 2/2020,
1080/2020, 1151/2020, 10/2021, 1108/2021, 2852/2022, 2853/2022 &
2854/2022
VISTRA ITCL (INDIA) LIMITED
..... Decree Holder
Through: Mr. Sidhant Kumar, Adv. with
Ms. Manyaa Chandok, Adv.
versus
PRANAV ANSAL & ANR.
..... Judgment Debtor
Through: Mr. Ashwini Mata, Sr. Adv. with
Mr. Sujoy Datta, Mr. Ankit Sharma,
Mr. Parag Rai & Mr. Karan Gaur,
Advs.
Ms. Ruby Singh Ahuja, Adv. with
Ms. Manmeet Kaur, Ms. Anjali
Dwivedi, Mr. Gurtejpal Singh &
Mr. Vasu Singh, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 01.06.2022
EX.APPL.(OS) 2852/2022
1. This application has been filed by the decree holder with the following prayers:-
"That in light of the present facts and circumstances as stated hereinabove this Hon 'ble Court may be pleased to:
a. Direct attachment and sale of the properties listed in paragraph 5 and 7 of the present Application;Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:02.06.2022 13:08:59
b. Direct attachment of the debts stated in paragraph 6 of the Application and consequently direct the proposed Garnishees to make payment to the Petitioner;
c. Alternatively, direct the Judgment Debtors to deposit the awarded amount with interest which as on 27.04.2022 is Rs. 385,40,82,657/-(Rupees Three Hundred and Eighty-Five Crores, Forty Lacs, Eighty Two Thousand, Six Hundred and Fifty-Seven only), or furnish solvent security by means of Bank Guarantee to the satisfaction of this Hon'ble Court; and d. Pass any other order or orders that may be deemed fit and proper by this Hon'ble Court in the interest of justice."
2. Mr. Sidhant Kumar has drawn my attention to paragraphs 5 and 7 of this application to contend that though the immovable properties depicted therein have been attached, the properties at paragraph 5D, which are accruing rentals, need to be deposited before this Court. Mr. Sidhant Kumar also states that there is a typographical error in paragraph 5D at Sl. Nos.2 and 3. According to him, the properties UB1 and UB5, Ansal Plaza, Gurgaon, are in Greater Noida and not in Gurgaon.
3. On this, Mr. Mata would state that the property at Sl. No.3 is presently not under lease. He states even with regard to the other two properties, the rentals are ₹65,000/- and ₹3,00,000/- and not ₹6,55,084/-. He concedes to the fact that the affidavit earlier filed by the judgment debtor depicts the amounts as reflected in the table. It is directed that henceforth, the rentals from the two properties shall be deposited with the learned Registrar General of this Court and an affidavit shall also be filed placing on record the rental agreement(s) in respect of these properties.
4. It is made clear, as and when UB5, Ansal Plaza, Greater Noida is Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:02.06.2022 13:08:59 rented out, the rent amount shall be deposited with the Registrar General of this Court. Mr. Kumar has also drawn my attention to paragraph 6A under the heading 'Debtors'. He states that the amounts depicted in this paragraph are due and payable to the judgment debtor. He states that notice be issued to the persons/entities named therein with a direction that the said persons/entities shall deposit the amount as due and payable to the judgment debtor before this Court.
5. Notice shall be issued to the persons/entities named in para 6A, returnable on 2nd August, 2022.
6. Though valuation of the immovable properties has been referred in the affidavit filed by the judgment debtor earlier, appropriate shall be for the decree holder to file valuation of all the immovable properties, which have been referred in this application before the next date of hearing. EX.APPL.(OS) 2853/2022 (by decree holder under Order 39 Rule 2A CPC)
7. This is an application filed under Order 39 Rule 2A CPC alleging violation of orders dated May 01, 2018, July 19, 2019 and January 13, 2021. Reply has been filed to the application. Appropriate shall be, the respondent/contemnor namely Pranav Ansal is present in the Court on the next date of hearing.
EX.APPL.(OS) 2854/2022
8. Renotify the application on 2nd August, 2022.
V. KAMESWAR RAO, J JUNE 01, 2022/ak Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:02.06.2022 13:08:59