Delhi High Court - Orders
Nitya Kukreja vs Abw Infrastructure Limited on 16 March, 2020
Author: Prateek Jalan
Bench: Prateek Jalan
$~C48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 449/2016
NITYA KUKREJA ..... Petitioner
versus
ABW INFRASTRUCTURE LIMITED ..... Respondent
Present:- Mr. Kunal Sharma, Advocate for Official Liquidator with
Mr.Shubhendu Bhattacharyya, Advocate.
Ms. Swati Jain & Ms. Ilin Saraswat, Advocate in Co.Appl.
160/2019, 980/2019, 1096/2019, 117/2020 & 118/2020.
Mr. Ravinder Singh & Ms.Raveesha Gupta, Advocate for
Co.Appl. 1352/2019 & 1356/2019.
Mr. Aditya Gaggar, Advocate in Co.Appl. 1259-60/2019.
Ms. Mani Gupta & Ms.Shelja Pradhan, Advocates in
Co.Appl. 186/2020.
Mr. Manish Kaushik & Ms.Anannya Nayyar, Advocates in
Co.Appl. 515/2019.
Mr. Krisha Dev Yadav, Advocate in Co.Appl. 1355/2019.
Mr. Parikshit Goyal & Ms.Aastha, Advocates for Suspended
Directors.
Mr. Arun Pal & Mr. Suresh Kumar, Advocates in Co.Appl.
1054/2019.
Mr. Amit Kr. Singh & Mr. Raj Kumar, Advocates in
Co.Appl. 13/2019.
Mr. Sanchit Gawari, Advocate in Co.Appl. 1093/2019.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 16.03.2020 Co.Appl. 980/2019
1. Although by virtue of Notification No. 51/RG/DHC/2020, dated 13.03.2020, the functioning of the Court is restricted to urgent matters, CO.PET. 449/2016 Page 1 of 3 Ms. Swati Jain, learned counsel for the applicant, submits that urgent orders are required in this application.
2. Notice was issued to the Official Liquidator (hereinafter referred to as "the OL") on this application on 23.09.2019. The OL has not filed a reply to the application.
3. The applicant claims to have purchased four units, being nos. 06, 07, 33 and 34, in a building by the name "Platinum Tower", Sohna Road, Malibu Town, Gurugram, Haryana, from the company in liquidation. It is stated that although the applicant had paid the entire consideration amount, possession was not handed over to him. The applicant relies upon the terms and conditions contained in a Memorandum of Understanding ("MoU") dated 21.12.2013 executed by him and the company in liquidation.
4. By order dated 04.04.2019, in Co.Appl. 160/2019, the OL was directed to comply with the obligations in the MoU, and hand over the possession of the four units to the applicant. However, it appears that units bearing nos. 33 and 34 had already been handed over by the company in liquidation to Mr. & Mrs. J.M. Sahai, r/o A-58, Sector-58, Noida, in the month of June, 2017.
5. Ms. Jain relies upon Section 531, 536 and 537 of the Companies Act, 1956 to submit that the transaction between the company and Mr. & Mrs. J.M. Sahai was impermissible. For the present, she seeks an order restraining Mr. and Mrs. J.M. Sahai from creating any third party interests in the concerned property.
6. Having regard to the aforesaid, notice of this application be issued CO.PET. 449/2016 Page 2 of 3 to Mr. J.M. Sahai and Mrs. J.M. Sahai, both resident at A-58, Sector-58, Noida. They are at liberty to file a reply to the application within four weeks. The OL is also directed to file a reply within the same period. Rejoinder, if any, be filed within two weeks thereafter.
7. In the meantime, Mr. J.M. Sahai and Mrs. J.M.Sahai are directed, until the next date of hearing, to maintain status quo with regard to title and possession of the property [Unit Nos. 33 and 34, Platinum Tower, Sohna Road, Malibu Town, Gurugram, Haryana]. In the event they have already entered into any transaction in respect of the property in question, they are directed to disclose the details of the said transaction and the documents in question with their affidavits in reply. They are also directed to communicate a copy of this order to third parties with whom they have entered into such a transaction, if any.
8. List on 08.05.2020.
CO.PET. 449/2016The OL may file replies to all pending application within four weeks. Rejoinder, if any, be filed within two weeks thereafter.
List on 08.05.2020.
PRATEEK JALAN, J MARCH 16, 2020/'pv' /s CO.PET. 449/2016 Page 3 of 3