Delhi High Court - Orders
Vian Infrastructure Limited (In Liqn) vs Sanjeev Malhotra on 18 September, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CCP(CO.) 6/2024
VIAN INFRASTRUCTURE LIMITED (IN LIQN) .....Petitioner
Through: Ms. Ruchi Sindhwani, senior
standing counsel with Ms. Megha
Bharara, Advocate for Official
Liquidator.
versus
SANJEEV MALHOTRA .....Respondent
Through: Mr. Himanshu Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 18.09.2024
1. The instant contempt petition under Section 12 of the Contempt of Courts Act, 1971 read with Rule 9 of the Companies (Court) Rules, 1959 has been filed on behalf of the Official Liquidator ("OL" hereinafter) against the contemnor i.e., Mr. Sanjeev Malhotra on the ground that the contemnor willfully disobeyed by failing to comply with the directions/orders passed by the Predecessor of this Court vide orders dated 8th February, 2024 and 9th May, 2024 for initiation of contempt proceedings against the contemnor.
2. Learned Senior Standing Counsel appearing on behalf of the OL submitted that an application under Section 446 of the Companies Act, 1956 bearing CA. No. 137/2020 was filed on behalf of the OL against the contemnor, wherein, it was prayed that the contemnor be directed to refund 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 19/09/2024 at 23:11:32 the amount of Rs. 20,08,40,000/- received by him from the Company (in liquidation) or alternatively, he may be directed to transfer the title of the land i.e., 232.5 bighas of land, situated in Haridwar in the name of the Company (in liquidation).
3. It is submitted that vide order dated 8th February, 2024 the Predecessor of this Court allowed the aforesaid application and passed an order directing as under:
"19. In view of the foregoing discussion, in terms of Section 446(2) (b) of the Companies Act, 1956 Mr. Sanjeev Malhotra is directed to refund the amount of Rs. 20,08,40,0001- received by him from the company (in liquidation) with interest at @ 9% per annum w.e.f. 25.04.2012 (the date when Official Liquidator was appointed) till date, to the Official Liquidator within four weeks from today failing which this Court shall initiate appropriate coercive measures to execute this order.
20. It is made clear that aforesaid deposit shall be without prejudice to the legal rights of Mr. Sanjeev Malhotra to lay any claim over the properties in the land bought by him in his own name, for which he may submit his claim before the Official Liquidator."
4. It is further submitted that vide office letter dated 15th March, 2024, the contemnor was directed to comply with the directions in terms of the above said order passed by the Predecessor Bench of this Court to refund the aforesaid sum of Rs. 20,08,40,000/- to the Company (in liquidation), however, the contemnor failed to deposit the said amount in terms of the order dated 8th February, 2024.
5. It is also submitted that the contemnor filed two application bearing CA. Nos. 473/2024 and 474/2024 seeking modification of the aforesaid order and for extension of time for depositing the said amount.
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 19/09/2024 at 23:11:32
6. The above said applications were disposed of vide order dated 9th May, 2024 and it was directed as follows:
"CO.APPL. 473/2024 & CO.APPL. 474/2024
10. These applications have been moved on behalf of the applicant - Sh. Sanjeev Malhotra, seeking modification of order dated 08.02.2024, whereby he was directed to refund the amount of Rs,20,08,4001- received by him .from the company (in liquidation) with the interest @ 9% p.a. w.e.f. 25.04.2012 till date besides seeking extension of time to deposit the said amount.
11. Let copies of the present applications be supplied to learned Senior Standing Counsel for the Official Liquidator.
12. Learned counsel for the applicant requests for 12 weeks time to make payment in terms of the aforesaid order
13. Having heard the learned counsel for the applicant there is no justification advanced to modify the order dated 08.02.2024. There are no justifiable grounds to allow extension of time either. However, in the interest of justice, let the amount be deposited within four weeks from today, failing which the applicant shall be liable to pay penal interest @ 15% p.a. from 25.04.2012 till realization and this Court shall be constrained to pass coercive orders.
14. The applications stand disposed of"
7. It is submitted that the contemnor has duly failed to comply with both the orders dated 8th February, 2024 as well as 9th May, 2024 passed by the Predecessor Bench of this Court. In light of the above facts, the OL was left with no option but to issue a reminder letter dated 7th June, 2024 to the contemnor to comply with the aforesaid directions passed by the Predecessor of this Court. It is further submitted that no response/reply has been received on behalf of the contemnor to the same.
8. In view of the above facts and circumstances and vehement submissions that the contemnor has willingly and deliberately failed to 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 19/09/2024 at 23:11:33 comply with the directions in terms of the aforesaid order passed by the Predecessor Bench of this Court, therefore, It is prayed that contempt proceedings may be initiated against him.
9. Heard learned Senior Standing Counsel appearing on behalf of the OL and perused the contents in the instant contempt petition.
10. This Court on the opinion that the petitioner has prima facie made out a case for initiation of the contempt proceedings against the contemnor.
11. Issue notice. Mr. Himanshu Singh, learned counsel for the contemnor appeared on advance notice and accepted notice. He prayed for four weeks' time to file reply to the instant contempt petition.
12. Let the same be filed within four weeks as prayed. Rejoinder thereto, if any, be filed within two weeks thereafter.
13. List on 3rd December, 2024.
CHANDRA DHARI SINGH, J SEPTEMBER 18, 2024 rk/sm Click here to check corrigendum, if any 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 19/09/2024 at 23:11:33