Delhi High Court - Orders
Kelvin Buildcon Private Limited, ... vs M/S Krrish Realtech Private Limited & ... on 18 December, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 114/2022 & EX.APPLs.(OS) 3020-
3021/2022, 3428/2022
KELVIN BUILDCON PRIVATE LIMITED, THROUGH ITS
AUTHORISED REPRESENTATIVE, ..... Decree Holder
Through: Ms. Akanksha Kaul, Mr. Harsh Sethi,
Mr. Anant Nigam and Mr. Raghav
Luthra, Advocates.
versus
M/S KRRISH REALTECH PRIVATE LIMITED & ORS.
..... Judgement Debtors
Through: Ms. Sheena Taqui, Ms. Bina Gupta
and Ms. Akansha Saini, Advocates
for JD-1.
Mr. Sanyat Lodha and Ms. Surbhi
Arora, Advocates for JD-2.
Mr. Kushagra Bansal, Advocate for
Objectors.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 18.12.2023
1. By way of order dated 30th May, 2022, this Court issued interim directions restraining Judgement Debtors No. 1 and 2 from alienating or creating third party rights with regards to the plots delineated at prayer (III) of the prayer clause of EX.APPL.(OS) 3020/2022. The said interim order has since been continued by this Court, subject to orders of the Supreme Court in the SLP preferred by Judgement Debtor No. 1.
2. On 15th September, 2023, Judgement Debtor No. 1 was granted time to reply to EX.APPL.(OS) 3428/2022 filed by Judgement Debtor No. 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 21/12/2023 at 21:56:23 however the same has not been filed. Let the same be done positively within four weeks from today.
3. Further, by the same order, the Judgment Debtors were directed to file fresh affidavits of their assets. The said direction has evidently not been complied with, as no list of assets of Judgement Debtor No. 1 is found on record. The direction must be complied within two weeks from today. Although counsel for the Decree Holder had pressed for the affidavit to be filed in terms of the judgment of this Court in M/s Bhandari Engineers & Builders Pvt Ltd v. M/s Maharia Raj Joint Venture & Ors.1, however, in the opinion of this Court, the same cannot be insisted upon since the said judgement has been set aside by the Division Bench in Delhi Chemical and Pharmaceutical Works Pvt. Ltd. & Anr. v. Himgiri Realtors Pvt. Ltd 2. As far as Judgment Debtor No. 2 is concerned, they have filed an affidavit giving the status/ title of plots settled to be given to the Decree Holder.
4. With the above directions, the hearing is adjourned to 26th February, 2024.
5. Interim order to continue.
SANJEEV NARULA, J DECEMBER 18, 2023 as 1 2020:DHC:2463 2 2021:DHC:1928-DB 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 21/12/2023 at 21:56:23