Delhi High Court - Orders
Raj Builder Private Limited vs Tripr Singh And Others on 4 September, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 186/2023
RAJ BUILDER PRIVATE LIMITED ..... Petitioner
Through: Mr. Sagar Chawla, Advocate.
versus
TRIPR SINGH AND OTHERS ..... Respondents
Through: Mr. Gaurav Gupta, Mr. Nikhil
Kohli, Mr. Kushank Garg, Mr. Tushar
Mudgil and Ms. Shrishti Jeswani,
Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 04.09.2023 I.A. 15233/2023 (for deletion of Respondent No. 1, by Respondent No. 1)
1. Learned counsel appearing on behalf of the Applicant, on instructions, seeks to withdraw the present application.
2. Application is accordingly disposed of as withdrawn. O.M.P.(I) (COMM.) 186/2023 & I.A. 13398/2023
3. Present petition has been filed by the Petitioner seeking the following reliefs:-
"31. Therefore, it is just, necessary, expedient and equitable and in the interest of justice, that pending the constitution of Arbitral Tribunal, the Petitioner by way of ad-interim relief be granted in favour of the Petitioner and against the Respondents as follows:
A. The Respondents be ordered and directed to jointly and/or severally deposit an amount of INR 2,35,27,974/- (Indian Rupees Two Crores Thirty Five Lakhs Twenty Seven Thousand Nine Hundred and Rupees Seventy Four only) with this Hon'ble Court;
B. The Respondents be ordered and directed to jointly and/or severally deposit amount of INR 3,52,920/- (Indian Rupees Three Lakhs Fifty Two Thousand Nine Hundred Twenty only) per month for every month of delay in paying the awarded amount to the Petitioner;
In the alternate, C. In the event of failure of Respondents to comply' with prayer clause A. and B. above and/or any part thereof this Hon'ble Court be pleased to order and direct:O.M.P.(I) (COMM.) 186/2023 Page 1 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:14:53 (I) Order and direct the Respondents, its shareholders and its directors to disclose on oath before this Hon'ble Court, all properties and/or assets either movable or immovable whether tangible or intangible, whether encumbered or otherwise belonging to each of them, along with documents for title, including encumbrances documents. in relation to the same, along with its status from November 2019 till date. (II) Order and direct attachment of such properties, and/or assets of the Respondents so as to adequately secure the aforesaid value.
(III) Order and direct the Respondents to disclose on oath the affidavit of assets in accordance with rules set forth by this Hon'ble Court.
(IV) Order and direct the Respondents to disclose on oath their bank statements, investment account, Income Tax Returns, book of accounts, financial statements, auditors reports, etc. In the alternate.
D. Direct attachment of all such properties or assets, either movable or immovable. tangible or intangible, whether encumbered or otherwise belonging to each of the Respondents along with the documents of their title so as to secure the Petitioner's total award value set forth herein. E. Grant costs of the present proceeding and of those incidental thereto in favour of the Petitioners and against the Respondents."
4. Learned counsel appearing on behalf of the Respondents, on instructions, submits that the Petitioner has filed an enforcement petition being OMP (ENF.) (COMM) 142/2023 in which notice has been issued by the Court and has been received by the Respondents. The petition is next listed before the Executing Court on 18.09.2023. He further submits that in the said petition, Court has directed the Respondents to file an affidavit disclosing their assets.
5. In view of the fact that the Petitioner has already resorted to remedy of enforcement of award, no further directions are required to be passed in this petition.
6. Petition along with pending application stands disposed of.
JYOTI SINGH, J SEPTEMBER 04, 2023/shivam O.M.P.(I) (COMM.) 186/2023 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:14:53