Delhi High Court - Orders
M/S Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 23 February, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 40/2021
M/S AMBAWATTA BUILDWELL PVT LTD. .... Decree Holder
Through: Mr. Pardeep Dhingra, Mr. Nishant
Kumar, Mr. Nikhil Joshi, Ms.
Shilpi, Advocates
Versus
IMPERIA STRUCTURE LIMITED & ORS. ..... Judgment Debtors
Through: Mr. Amit Singh Chadha, Senior
Advocate, Ms. Neha Gupta, Ms.
Amrita Grover & Ms. Rhea Dube,
Advocates for Judgment Debtors
No.1 to 5
Mr. Rakshit Shrivastava, Advocate
for applicant in IA No. 1119/2021
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 23.02.2022 EX. APPL. (OS) 1119/2021 (u/S 151 CPC)
1. Learned counsel for decree holder submits that a complaint bearing No. NCR144/07 /1087 /2019 has been filed by the decree holder before Uttar Pradesh Real Estate Regulatory Authority, Noida, whereunder judgment debtor has been directed to provide possession of the purchased property to decree holder, along with interest starting from 01.01.2015 till the offer of possession of the property. However, vide order dated 04.06.2021 this Court has permitted the judgment debtor to release the EX.P. 40/2021 Page 1 of 2 funds in regards to salary/ statutory dues and also to discharge liability in respect to financial institutions but has restrained not to transfer, alienate or create any third party interest in respect of its assets the tune of decreetal amount. Thereby, judgment debtor is using the order dated 04.06.2021 as a blanket cover in order to escape from the liability of home buyers/investors and other debt holders. Therefore, it is prayed that judgment debtor be directed to release the total amount of Rs.56,14,936/- with recurring interest in compliance of order dated 22.09.2020 by RERA, Noida.
2. There is some technical glitch at the end of learned senior counsel appearing on behalf of judgment debtors No.12 to 5.
3. Renotify on 07.04.2022.
EX.P. 40/2021 & EX. APPL. (OS) 781/2021 & EX. APPL. (OS)1353/2021
4. On 04.06.2021, this Court had directed the Branch Manager of ICICI Bank, Mohan Cooperative Industrial Estate Branch, Mathura Road, New Delhi to attach the bank account No. 135705000218 of judgment debtor No.1. However, till date the said order has not been complied with.
5. The concerned Branch manager is again directed to comply with the aforesaid direction within two weeks, failing which he/she shall appear before this Court in person on the next date of hearing.
6. A copy of this order be sent to the concerned Branch Manager for information and compliance.
7. Renotify on 07.04.2022.
SURESH KUMAR KAIT, J FEBRUARY 23, 2022/r EX.P. 40/2021 Page 2 of 2