Delhi High Court - Orders
Rajiv Vaswani vs Sushil Suri, Director & Ors on 21 January, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~16 to 22, 24 to 27, 29 & 30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 595/2020
RAJIV VASWANI ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 596/2020
ANIL KUMAR (HUF) ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 597/2020
RIMMA MALHOTRA ..... Petitioner
Through: Mr. Aquib Ali, Adv.
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:22.01.2021
12:55:53
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 598/2020
KUSHUM BALA DASS ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 599/2020
MANEV LUTHRA ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:22.01.2021
12:55:53
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 600/2020
RAJESH SABHARWAL ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 601/2020
RIMMA MALHOTRA ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:22.01.2021
12:55:53
+ CONT.CAS(C) 604/2020
ELISHA SURI MALHOTRA ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 605/2020
PRAMOD TANEJA ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 614/2020
SANJIV DEWAN ..... Petitioner
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:22.01.2021
12:55:53
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 615/2020
RUPA SURI ..... Petitioner
Through: Mr. Aquib Ali, Adv.
versus
SUSHIL SURI, DIRECTOR & ORS. ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-4.
Mr. Amit Sibal, Sr. Adv. with Mr.
M.A. Niyazi, Mr. Naman Joshi, Mr.
Sumit Malhotra, Ms. Avshreya Ruddy
and Mr. Abhishek Chabra, Advs. for
R-5.
+ CONT.CAS(C) 782/2020
RAKHI SETH ..... Petitioner
Through: Mr. Mayank Grover, Adv.
versus
SUSHIL SURI AND ORS ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:22.01.2021
12:55:53
Joshi, Advs. for R-1 to R-5.
+ CONT.CAS(C) 784/2020
RITU GROVER ..... Petitioner
Through: Mr. Mayank Grover, Adv.
versus
SUSHIL SURI AND ORS ..... Respondents
Through: Mr. Vijay Aggarwal and Mr. Naman
Joshi, Advs. for R-1 to R-5.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 21.01.2021 The hearing was conducted through video conferencing.
1. In terms of the settlement agreements, the respondent/Blue Coast Infrastructure Development Pvt. Ltd. was supposed to pay certain monies, as per the schedules fixed in each case and the undertaking given to the learned Trial Court. There has been default in the payments. The respondent had a contract for development of a hotel at Aerocity, New Delhi. The contract was terminated. The dispute was referred to arbitration. An award was passed in favour of the respondent. Monies were paid to it in two tranches: first about Rs.78 crores and later second about Rs.54 crores. The first tranche has been released to some investors who had funded the project. The second tranche, which with interest, is stated to have now increased to Rs.58 crores, lies deposited in this Court pursuant orders passed in a pending suit: CS(OS) 176/2015. An application Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.01.2021 12:55:53 has been moved by the respondent for release of the same to the present petitioners.
2. Mr. Amit Sibal, the learned Senior Advocate for Blue Coast Infrastructure Development Pvt. Ltd., states that the said monies would be more than sufficient to meet the monies due towards the present petitioners, because their total claim would not exceed Rs.11 crores, whereas the amounts deposited before this Court is in quintuple excess. He submits that the monies would be paid to the petitioners the moment the same is ordered to be released in the said suit.
3. However, the learned counsel for the petitioners submit that the payments to be made and the aforesaid undertaking was not dependent upon the monies being made available through arbitration. Therefore, the said respondent is in clear contempt of the undertaking given. He submits that the project was estimated at Rs.350 crores. More monies are due to many other investors. The remainder will have to be provided/arranged by the respondent.
4. The court is prima facie of the view that there breach of the Court's directions. Noticeably, there is absence of an apology, which should have been proffered at the first instance.
5. The learned Senior Advocate for the respondent states, that for this lapse, an apology is extended right away. Furthermore, he states upon instructions, that an affidavit of unconditional and unqualified apology shall be filed within a week. Let the same be filed. Since the petitioners have been constrained to approach the court through these contempt petitions for payment of monies Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.01.2021 12:55:53 which were otherwise due 2 years ago., some expenses must have been incurred. Therefore, let interim costs of Rs.10,000/- be paid for each petition.
6. It is stated on behalf of the respondent that insofar as the present petitioners are decree holders for monies to be paid to them, they, as plaintiffs in the aforesaid pending suit, could not possibly have any objection to release of the deposited monies to the satisfaction of their respective decrees.
7. Renotify on 20.05.2021.
8. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J JANUARY 21, 2021 AB Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:22.01.2021 12:55:53