Delhi High Court - Orders
Nitya Kukreja vs Abw Infrastructure Limited on 17 September, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 449/2016
NITYA KUKREJA ..... Petitioner
Through Mr. Paramvir Singh Narang and
Mr. Manas Tripathi, Advs. for the Applicant
in CAs 623, 625, 909, 911, 913, 916/2019
& CA 563, 565, 567/2021
versus
ABW INFRASTRUCTURE LIMITED ..... Respondent
Through Mr. Kunal Sharma, Adv with
Mr. Shubhendu Bhattacharyya, Adv Counsel
for OL
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 17.09.2021
(Video-Conferencing)
CO.APPL.623/2019, CO.APPL.625/2019, CO.APPL.909/2019, CO.APPL.911/2019, CO.APPL.913/2019 and CO.APPL.916/2019
1. The applicants in these applications are in possession of lands forming subject matter of these applications since 2017, and seek conveyance of the properties in their favour and execution of the Sale Deeds accordingly.
2. OLR 262/2019, filed by the Official Liquidator clearly acknowledges that the moneys towards the conveyance of these properties in favour of the applicants, in these applications, stand Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 449/2016 Page 1 of 6 Signing Date:21.09.2021 22:24:29 received. In fact, in para 6 of OLR 262/2019 it is specifically asserted, by the Official Liquidator, that a Conveyance Deed is required to be executed in these applications.
3. As such, there is no dispute regarding the entitlements of the applicants in these applications to conveyance in their favour and execution of Conveyance Deed.
4. Mr. Narang has also invited my attention to an order dated 4th April, 2019, passed by a coordinate Bench of this Court in CA 160/2019, which has directed handing over of possession of the properties to the applicants and execution of Conveyance Deed in similar circumstances.
5. Accordingly, the Official Liquidator is directed to execute the necessary Conveyance Deed in favour of the applicants in these applications, in respect of the lands forming matter thereof.
6. These applications are allowed accordingly.
CO.APPL.563/20217. By this application, the applicant, who has been in possession of the land situated at 314-B along with Parking B2-61, Platinum Tower, Sohna Road, Malibu Town, Gurgaon, Haryana, seeks execution of a Conveyance Deed, conveying the property in their favour.
8. CA 735/2019 had earlier been moved for the same relief.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 449/2016 Page 2 of 6 Signing Date:21.09.2021 22:24:29However, the said application was disposed of by an order dated 26th July, 2019, of this Court with the direction to the applicants to visit the office of the Official Liquidator, who could verify their right over the property.
9. Mr. Narang submits that the applicants did so, thereafter the Official Liquidator has confirmed the title of Mr. Gulzar Elahi to the aforesaid property.
10. Mr. Narang submits that the property was jointly purchased by Mr. Gulzar Elahi, Ms. Farah Jamal, Ms. Bushra Jamal and Ms. Afsa Jamal.
11. As such, he submits that the conveyance of the property would have to be in favour of all the said applicants.
12. Mr. Narang has referred me in this context to the minutes of the meeting dated 9th August, 2019 in the chamber of the Official Liquidator.
13. Mr. Sharma, learned Counsel for the Official Liquidator, also acknowledges this position after seeing the minutes of the meeting dated 9th August, 2019.
14. In OLR 262/2019, the Official Liquidator has specifically stated that the Conveyance Deed is required to be executed in respect of the aforesaid property in favour of the applicants in CA 735/2019. The Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 449/2016 Page 3 of 6 Signing Date:21.09.2021 22:24:29 present application has been moved, reiterating the prayer in CA 735/2019 only because the said application was disposed of with the mere direction to the applicants to visit the office of the Official Liquidator.
15. As the applicants have visited the office of the Official Liquidator and in view of the minutes of the meeting dated 9th August, 2019 read with the averments contained in OLR 262/2019, it is clear that the applicants are entitled to conveyance of title of the property situated at 314-B along with Parking B2-61, Platinum Tower, Sohna Road, Malibu Town, Gurgaon, Haryana in their favour.
16. As such, the Official Liquidator is directed to execute the necessary Conveyance Deed in respect of the aforesaid property in favour of the applicants in this application.
17. The application is allowed accordingly.
CO.APPL.564/202118. Allowed, subject to all just exceptions.
19. The application stands disposed of.
CO.APPL.565/2021 (for modification of order dt. 16.10.2019)
20. This application seeks modification of the order dated 16th October, 2019, wherein this Court has noted the submission of the Official Liquidator that verification of the necessary documents in Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 449/2016 Page 4 of 6 Signing Date:21.09.2021 22:24:29 respect of the property forming subject matter of this application has been done and a composite report would be filed before this Court.
21. The report, which came to be filed as OLR 262/2019, does not advert to the property forming subject matter of CA 1093/2019, 1094/2019 and 1096/2019, which was subject matter of the order dated 16th October, 2019 of which modification is sought.
22. Mr. Narang submits that, in fact, the applicants had not even visited the property forming subject matter of these applications and there was, therefore, no question of verification of necessary documents relating thereto.
23. Accordingly, he submits that, in fact, this Court ought to have directed the applicants to visit the property as well as office of the Official Liquidator, who could, thereafter, conduct a necessary verification in respect of the property.
24. Mr. Sharma, learned counsel for the Official Liquidator, seeks a short adjournment to take instructions.
25. Renotify on 6th October, 2021.
CO.APPL.566/202126. This is an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing CA 565/2021.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 449/2016 Page 5 of 6 Signing Date:21.09.2021 22:24:2927. CA 565/2021 is an application for modification, not for review. As such, it is not bound by any period of limitation.
28. No orders are, therefore, required to be filed in CA 566/2021, which is disposed of as such.
CO.APPL.567/2021 (Modification of order dt. 08.11.2019)
29. This, in my view, is completely misconceived application. It seeks modification of the order dated 8th November, 2019, passed in CA 1184/2019 and CA 1185/2019.
30. The said order merely issues notice on the said company applications and directs a reply to be filed therein. There can, therefore, be no question of modifying the said order.
31. CA 1184/2019 and CA 1185/2019 stand adjourned en bloc and would be taken up as and when they come up for hearing.
32. Accordingly, this application is dismissed.
CO.APPL.568/202133. This application does not survive for consideration in view of dismissal of CA 567/2021 and is disposed of accordingly.
C. HARI SHANKAR, J.
SEPTEMBER 17, 2021/r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CO.PET. 449/2016 Page 6 of 6 Signing Date:21.09.2021 22:24:29