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Delhi High Court - Orders

Surinder Singh Marwah & Anr vs Aerens Entertainment Zone Limited on 22 November, 2023

Author: Dharmesh Sharma

Bench: Dharmesh Sharma

                             $~C-9
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CO.PET. 482/2009
                                       SURINDER SINGH MARWAH & ANR.                                                        ..... Petitioners
                                                                            Through:                 Mr. Vishnu Anand and Mr.
                                                                                                     Naman Dutt, Advs.

                                                                            versus

                                       AERENS ENTERTAINMENT ZONE LIMITED
                                                                           ..... Respondent
                                                    Through: Mr. Diwakar Lohia, Adv. for
                                                             applicant in CO. APPL.
                                                             847/2023
                                                             Mr. Suresh Dutt Dobhal, Adv.
                                                             for M/s. Phoenix ARC Pvt. Ltd.

                                       CORAM:
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                  ORDER

% 22.11.2023 CO. APPL. 849/2023 (Ex.)

1. Allowed, subject to all just exceptions.

2. The application shall stand disposed of.

CO. APPL. 848/2023 (For Directions)

3. This application is moved on behalf of the applicant namely Developers Group India Private Limited seeking certain directions in terms of order dated 25.01.2023 passed by the Supreme Court of India in SLP (C) 11779/2020.

4. Let copy of the present application be supplied to learned Sr. Standing Counsel for the Official Liquidator. Thereafter, reply be filed before the next date of hearing, after supplying advance copy to learned counsel for the applicant in the present application.

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 25/11/2023 at 02:14:22

5. Re-notify on the date already fixed i.e. 23.01.2024. CO. APPL. 847/2023 (Seeking permission to inspect property)

6. This application seeking permission to inspect the property which is moved on behalf of the applicant namely Dr. Rajesh J Aeren, Ex-Director who claims that he was also a guarantor in respect of the loan taken with regard to the property referred in paragraphs 02 of the present application. Let copy of the same be supplied to learned Sr. Standing Counsel for the Official Liquidator and learned counsel for the petitioner.

7. Learned Sr. Standing Counsel for the Official Liquidator submits that she would seek appropriate instructions in this regard.

8. Mr. Suresh Dutt Dobhal, learned counsel appearing through VC on behalf of M/s. Phoenix ARC Private Limited, submits that the property in question has already been sold in proceedings undertaken as per the SARFAESI Act. Let a copy of the present application be supplied to learned counsel for M/s. Phoenix ARC Private Limited.

Re-notify on the date already fixed i.e. 28.11.2023.

DHARMESH SHARMA, J.

NOVEMBER 22, 2023 Sp 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 25/11/2023 at 02:14:22