Delhi High Court - Orders
Memo Of Parties On Record.) Krishan ... vs Arjun Som Dutt & Ors on 20 July, 2022
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 61/2018
CCP(O) 2/2021
CCP(O) 51/2021
EX.APPL.(OS) 272/2018 (by DH u/S 36 r/w O.21 R 54 CPC)
EX.APPL.(OS) 306/2018 (by DH for taking on record amended
memo of parties on record.)
EX.APPL.(OS) 360/2020 (by JD u/S 151 CPC for directions)
EX.APPL.(OS) 1115/2021(by DHs u/S 151 CPC for directions)
KRISHAN KUMAR WADHWA & ORS. ..... Decree Holders
Through: Mr. Aaditya Gambhir, Advocate for
DHs.
versus
ARJUN SOM DUTT & ORS. ..... Judgement Debtors
Through: Mr. Gaurav M. Liberhan, Advocate
for JD-1 (Ph.9810955779).
Ms. Divya Bhalla, Advocate for JD-2
with JD-2 in person (Ph. 9818691004,
e-mail: [email protected]).
Mr. Akshay Sapra, Mr. Sarthak
Katyal, Advocates for JD-3
(M:9811040604;email:akshay@ardent
legal.in).
Mr.B.B.Gupta, Sr. Advocate with
Ms.Meghna Mishra, Mr. Ankit
Rajgarhia and Mr. Tarun Sharma,
Advocates for JD-4(Ph. 9650878550,
e-mail:[email protected]).
Ms. Chanan Parwani, Advocate for
Standard Chartered Bank along with
Mr. Yogesh Mishra, Branch Manager,
Standard Chartered Bank
(M:9871191147;chanan.parwani@arg
ns-p.com)
Signature Not Verified
Digitally Signed
By:PREETI
Signing Date:22.07.2022
17:14:27
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 20.07.2022
1. Learned counsel for the decree holder submits that out of the total decretal amount in his favour by decree dated 22.02.2018, he has already recovered amount of Rs.6,43,15,234/-. Thus, as per him, the amount to be recovered by the decree holder as on today is Rs.59,97,266/-. Learned counsel for the decree holder further submits that as on today, an amount of Rs.91,10,943/- is available in the account of the Registrar General of this Court. Thus, excess amount of Rs.31,13,677/- is lying deposited in the account of this Court.
2. The parties are in agreement that the amount which is payable to the decree holder is to be released to him. As per the decree holder, an amount of Rs.59,97,266/- is payable to him. Directions are issued to the Registrar General of this Court to release the amount of Rs.59,97,266/- to the decree holder forthwith. As regards the excess amount which is lying in the account of the Registrar General of this Court, directions will be passed on subsequent dates.
3. In the order dated 29.04.2022, it had been recorded that the cheque for Rs.85 lakhs made upon Standard Chartered Bank, New Friends Colony, has been presented to Punjab National Bank on two occasions, and dishonoured with the note "advice not received". Since this happened on two occasions, therefore, the concerned Branch Manager of Standard Chartered Bank, New Friends Colony had been directed to be present in this Court.
Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 17:14:274. Mr. Yogesh Mishra, Branch Manager of Standard Chartered Bank, New Friends Colony is present today pursuant to the directions passed by this Court vide order dated 29.04.2022. He submits that the order has already been complied with and amount of Rs.84 lakhs has already been remitted to the account of this Court on 04.06.2022. This fact is not disputed by the other parties. In view of the aforesaid, the statement of Branch Manager, Standard Chartered Bank, New Friends Colony is accepted and his appearance is dispensed with.
5. By order dated 08.07.2021, directions had been given by this Court to attach the property owned by judgment debtor No.4 i.e. Flat No. 531, Antara Senior Living, Purukul Road, Guniyal Gaon, Dehradun, Uttarakhand - 248003.
6. It is the contention of the judgment debtor No. 4 that since excess amount is now deposited before this Court, therefore, the attachment order of 08.07.2021 be recalled. Learned counsel for the decree holder has no objection to this prayer. In view of the aforesaid, the order dated 08.07.2021 to the extent that the aforesaid property was attached, is recalled and aforesaid property is hereby de-attached.
7. Learned counsels for the judgment debtor Nos.1, 3 and 4 collectively submit that since now excessive amounts with respect to the decretal amount payable to the decree holder have already been deposited in this Court, therefore, the bank accounts that were attached by order dated 23.09.2021 of this Court, be de-attached.
8. Learned counsel for the decree holder has no objection if the bank accounts of judgment debtor Nos.1, 3 and 4 are de-attached.
Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 17:14:27Therefore, bank account of judgment debtor No.1, judgment debtor No. 3 and judgment debtor No. 4, details of which are given as follows, are directed to be de-attached/ defreezed forthwith.
Judgment Debtor Bank Accounts Judgment Debtor Saving Account No. 10015129231 in IDFC Bank, Defence Colony Branch, New Delhi No.1 - Arjun Somdutt Saving Account No.051181956006 in HSBC Bank, Barakhamba Road, New Delhi.
Saving Account No. 30992371223 in SBI Bank (Branch not disclosed).
Kotak Mahindra Account No. 01760120003729 (Branch not disclosed).
Judgment Debtor Standard Chartered Bank Account No. No.3 - Pritha Somdutt 54410487891 in New Friends Colony Branch, New Delhi.
SBI Bank Account No. 10484960248, Friends Colony Branch, New Delhi Judgment Debtor Citibank - Savings Bank Account No. No.4 - Roop Talwar 5095300113 - DN Road Branch, Fort, Mumbai - 400001.
Citibank - Savings Bank Account No. 5040363019 - Connaught Place Branch, New Delhi - 110001
9. By order dated 28.03.2022, directions had been given to judgment debtor No.2 to explain as to how the money received by him have been utilized. Further, directions had been given to judgment debtor No.2 to file an affidavit stating as to how payment(s) towards satisfaction of the decree shall be made by him, supported with documents detailing the money trail of the monies received by him Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 17:14:27 from the decree holder, as directed vide earlier order dated 10.10.2019. It is pointed out that pursuant to this order dated 28.03.2022, a short affidavit has been filed by judgment debtor No.2, however, the same is not supported by any documents. Thus, order dated 28.03.2022 has not been complied with by judgment debtor No.2. Judgment debtor No.2 is directed to comply with the earlier directions passed by this Court vide order dated 28.03.2022 and file the requisite documents in terms thereof.
10. Ms. Divya Bhalla, Advocate appearing on behalf of the judgment debtor No.2 has handed over a copy of order dated 23.05.2022 passed by the Division Bench of this Court in EFA (OS) No.1/2019, where statement on behalf of judgment debtor No.2 has been recorded that they are willing to sale of the property in question i.e. B-8, Maharani Bagh, New Delhi- 110065 in order to settle her liability towards the decree.
11. Mr. B.B. Gupta, Ld. Senior Advocate appearing on behalf of the judgment debtor No. 4 states that directions may be given so that all the parties can sit together and make an endeavour to arrive at a settlement, as intended in the order dated 23.05.2022 passed by the Division Bench.
12. As suggested by Mr. B.B. Gupta, Ld. Senior Advocate for judgment debtor no. 4, all the parties present for the decree holders and judgment debtors are ready to explore the possibility of settlement. However, learned counsel for the judgment debtor No. 1 states that he is ready to comply with the directions as contained in the Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 17:14:27 order passed by the Division Bench dated 23.05.2022, though, he has no instructions to give any consent.
13. Be that as it may, all the parties are directed to meet in the Chamber of Mr. B.B. Gupta, Senior Advocate, at Chamber No.380, Lawyers Chamber Block - II on 29.07.2022 at 04.30 PM.
14. Learned counsel for the judgment debtor No. 3 submits that out of the amount of Rs.91,10,943/- which is lying deposited in the account of this Court, approximately Rs.84 lakhs have come from her account after sale of an ancestral property. Therefore, it is the contention of judgment debtor No. 3 that the excess amount of Rs.31,13,677/- which would be available in the account of this Court after release of amounts to the decree holder, be released to judgment debtor No. 3. Similarly, claims for release of the excess amount are also made by judgment debtor No. 1 and judgment debtor No. 4.
15. List for consideration on 19.10.2022.
MINI PUSHKARNA, J JULY 20, 2022 PB Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 17:14:27