Delhi High Court - Orders
Mr. Jatin Kalra vs Anand Divine Developers Pvt. Ltd. & Ors on 1 June, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~8 & 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 170/2021
MR. JATIN KALRA ..... Petitioner
Through: Mr. Pardeep Dhingra, Mr. Nishant
Kumar, Mr. Varun Chandiok & Ms.
Shagun Sharma, Advocates.
versus
ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Kartik Nayar & Mr. Sarthak
Malhotra, Advocates.
+ O.M.P.(I) (COMM.) 172/2021
KIRAN SEHGAL ..... Petitioner
Through: Mr. Pardeep Dhingra, Mr. Nishant
Kumar, Mr. Varun Chandiok & Ms.
Shagun Sharma, Advocates.
versus
M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
..... Respondents
Through: Mr. Kartik Nayar & Mr. Sarthak
Malhotra, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 01.06.2021 [VIA VIDEO CONFERENCING]
I.A. No. 7024/2021 in O.M.P.(I)(COMM.) 170/2021 & I.A. No.7042/2021 in O.M.P.(I) (COMM.) 172/2021 (for exemption from filing certified and O.M.P.(I) (COMM.) 170/2021 & O.M.P.(I) (COMM.) 172/2021 Page 1 of 5 typed copies of dim documents)
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
I.A. No. 7026/2021 in O.M.P.(I)(COMM.) 170/2021 & I.A. No. 7043/2021 in O.M.P.(I) (COMM.) 172/2021 (exemption from filing duly attested affidavits alongwith apostile certificates)
3. The present applications under Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') on behalf of the Petitioners seek exemption from filing duly sworn and attested affidavits alongwith apostile certificates.
4. The Petitioners submit that due to the COVID-19 pandemic and resultant restrictions, they are unable to get the affidavits attested alongwith apostile certificates. Due to the urgency of the matter, Petitioners have filed the present petitions without the duly sworn and attested affidavits and accompanying apostile certificates.
5. The applications are allowed, subject to the Petitioners filing the exempted documents within two weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for attestation of affidavits is resumed.
6. The applications stand disposed of.
I.A. No. 7027/2021 in O.M.P.(I)(COMM.) 170/2021 (for seeking extension of deposit of court fees)
7. The present application u/Section 149 r/w Section 151 of the CPC on O.M.P.(I) (COMM.) 170/2021 & O.M.P.(I) (COMM.) 172/2021 Page 2 of 5 behalf of the Petitioner seeks extension of deposit of court fee.
8. The Petitioner submits that due to the current COVID-19 pandemic and resultant restrictions, he is unable to procure the necessary court fee stamps. Due to the urgency of the matter, Petitioner has filed the present petition without the court fee.
9. The application is allowed, subject to the Petitioner filing the necessary court fee within four weeks from the day the lockdown restrictions imposed by the Government of NCT of Delhi are lifted and the facility for issuance of court fee stamps is resumed.
10. The application stands disposed of.
I.A. No. 7025/2021 in O.M.P.(I)(COMM.) 170/2021 (u/Section 151 CPC r/w Order XI Rule 12, 13 & 14 for directing the Respondent to produce the M.O.U alongwith affidavit)
11. By way of this application, the Petitioner seeks a direction to the Respondents to produce the Memorandum of Understanding ('M.O.U'), stating that the Petitioner does not have the signed copy of the said M.O.U.
12. Mr. Kartik Nayar, learned counsel for the Respondents states that a copy of the M.O.U shall be filed within a period of two weeks, and a copy thereof shall be sent to the learned counsel for the Petitioner. Let the same be done.
13. In view of the statement of the counsel for the Respondents, no further directions are required to be passed and the application stands O.M.P.(I) (COMM.) 170/2021 & O.M.P.(I) (COMM.) 172/2021 Page 3 of 5 disposed of.
O.M.P.(I) (COMM.) 170/2021 & O.M.P.(I) (COMM.) 172/2021
14. The present petitions under Section 9 of the Arbitration and Conciliation Act, 1996, have been filed seeking urgent interim measures.
15. The case of the Petitioners is that the Respondents have acknowledged the debt of Rs. 3,08,25,636/- (in O.M.P.(I)(COMM.) 170/2021) and Rs. 5,29,58,794/- (in O.M.P.(I)(COMM.) 172/2021), however, they have stopped reimbursing the Equated Monthly Installments [EMIs], which are being paid by the Petitioners to the Bank. Mr. Pardeep Dhingra, learned counsel for the Petitioners, further states that the Petitioners are in grave financial hardship. They had invested all their hard-earned savings into this project, anticipating that it would be returned in three years' time. The Respondents have diverted funds to several of their other group companies and projects and the reimbursement of the loan installments has stopped since January, 2021.
16. Mr. Kartik Nayar, learned counsel for the Respondents who appears on advance notice, however, refutes the contentions made by the learned counsel for the Petitioners. Nevertheless, without prejudice to his rights and contentions, he states that in all other similar matters, wherein Mr. Pardeep Dhingra appears for the Petitioners, the Respondents have endeavored and succeeded in arriving at an amicable settlement. He submits that even in the instant case, he shall make a similar effort and in all probability the disputes between the parties shall be settled. Time is granted to Mr. Nayar for this purpose. The Respondents shall forthwith contact the Petitioners so as to O.M.P.(I) (COMM.) 170/2021 & O.M.P.(I) (COMM.) 172/2021 Page 4 of 5 explore the possibility of an amicable solution. In case the parties are unable to settle the matter, the Court shall, on the next date of hearing, proceed to hear the matter, with respect to the interim reliefs sought in the present petitions.
17. In the meantime, pleadings be completed. Replies to the petitions be filed within a period of four weeks and rejoinders, if any, be filed within a period of two weeks thereafter.
18. Re-notify the matters on 24th August, 2021.
SANJEEV NARULA, J JUNE 1, 2021 as O.M.P.(I) (COMM.) 170/2021 & O.M.P.(I) (COMM.) 172/2021 Page 5 of 5