Delhi High Court - Orders
Freightstar Pvt. Ltd vs Pristine Logistics & Infraprojects ... on 15 May, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 110/2016, EX.APPLs.(OS) 530/2019,
709/2019, 710/2019, 815/2019, 775/2024 & I.A. 6223/2019
FREIGHTSTAR PVT. LTD. ..... Decree Holder
Through: Ms. Diya Kapur, Mr. Raghav
Kumar, Mr. Aditya Ladha and Ms.
Gahena Gambani, Advocates.
versus
PRISTINE LOGISTICS &
INFRAPROJECTS PVT. LTD. & ORS. ..... Judgement Debtors
Through: Mr. Alok Kumar, Sr. Advocate
with Mr. Varun Maheshwari and
Mr.Manan Sodi, Adovocates for
JD-2 and 4 with Directors of JD-2
in person. [Mob:9868571116]
Mr. Dhananjay Grover, Mr.
Yashwant Rai Grover, Mr. Balaji
Pathak, Ms. Pragya, Ms. Sneha
Singh, Ms. Prachi Raj, Advocates
for JD-5.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.05.2024
1. By order dated 04.01.2024, it was directed as follows:
"5. Mr. Aeren and Mr. Yadav, both directors of judgment debtor Nos. 2 and 4 as noted above, also undertake that the balance of the principal amount i.e. ₹45 lakhs will be paid within a period of four months from today i.e. 04.05.2024. They will file an undertaking in this regard, on behalf of respondent No. 2, within one week from today.
6. They are also directed to file on affidavit, financial statements of OMP (ENF.) (COMM.) 110/2016 Page 1 of 2 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 16/05/2024 at 23:02:48 judgment debtor Nos. 1, 2 and 4, clearly showing the dates of transactions for sale of shares and purchase of a commercial plot mentioned in paragraph 6 of an affidavit dated 08.01.2020, affirmed by Mr. Devender Yadav, on behalf of judgment debtor No. 2, in response to I.A. 530/2019. The affidavit will also state the dates on which money was received or remitted by judgment debtor No. 2 in connection with the said transactions. Financial statements of judgment debtor Nos. 1, 2 and 4 in support of these contentions be also filed alongwith the said affidavits.
7. On the next date of hearing, the judgment debtors will also present a plan for payment of the up-to-date interest amount."
2. Mr. Alok Kumar, learned Senior Counsel for judgment debtor Nos. 2 and 4, submits that only an amount of Rs.22,50,000/- out of Rs.45 lakhs has been paid to the decree holder on 14.05.2024. He, however, submits that the non-compliance is not wilful.
3. At this stage, it appears prima facie, from the submission of learned Senior Counsel for the judgment debtors itself, that the aforesaid order and undertaking have not been complied with. Notice is therefore issued to judgment debtor Nos.2 and 4, and to Mr. Rajesh Aeren and Mr. Devender Yadav, directors of judgment debtor No.2, who made the statement and filed the undertakings on behalf of the said judgment debtor, to show cause as to why they should not be held guilty of contempt of the order dated 04.01.2024. They are at liberty to file their affidavits within four weeks from today.
4. Mr. Rajesh Aeren and Mr. Devender Yadav are also directed to remain personally present in Court on the next date of hearing.
5. List on 08.08.2024.
PRATEEK JALAN, J MAY 15, 2024 SS/ OMP (ENF.) (COMM.) 110/2016 Page 2 of 2 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 16/05/2024 at 23:02:48