Delhi High Court - Orders
M/S Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 27 October, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
EX.APPL.(OS) 3583/2022
IN
+ EX.P. 40/2021
M/S AMBAWATTA BUILDWELL PVT LTD
..... Decree Holder
Through: Mr. Ravi Prakash and Ms. Debopriyo
Moulik, Advs.
versus
IMPERIA STRUCTURE LIMITED & ORS.
..... Judgment Debtor
Through: Mr. P.S. Bindra, Sr. Adv. with
Mr. Karan Jain, Mr. Rishabh Pant,
Mr. Pulkit Gupta and Ms. Rhea Dube,
Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 27.10.2022
1. This application has been filed by the decree holder with the following prayers:-
"In view of the aforesaid facts, circumstances and in the interest of justice this Hon'ble court may graciously be please to:
(A) Direct the Judgement Debtors 2-5 to place List of Assets before this Hon'ble Court with copy to Decree Holder and heavy deterrent costs for repeated defiance of directions dated 4.06.2021, 7.10.2021, 13.12.2021, 07.04.2022 & 22.08.2022.
(B) Direct the Judgement Debtors to deposit the decretal amount within week before this Hon 'ble Court. (C) Direct the release of the said amount in favour of Decree Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.10.2022 19:49:23 Holders.
(D) Direct the attachment of Assets as prayed in Ex. Application (OS) No. 781/2021, 2945/2022 and 2946/2022. (E) Initiate necessary proceedings as per guidelines laid down in Bhandari Judgements-II & III.
Pass any other or further relief which this Hon 'ble Court may deem fit and proper in the facts and circumstances of the case."
2. The submission of Mr. Ravi Prakash appearing for the decree holder is that the judgment debtor must secure the decree which has been passed in favour of the decree holder. Despite the judgment of the Division Bench in an intra Court Appeal the amount has not been deposited.
3. Today, Mr. Bindra on instructions state that the judgment debtors are ready to secure the decretal amount by providing a security of eight shops which are unencumbered. He has given the list of shops which the judgment debtors intend to provide as security to Mr. Prakash.
4. Mr. Prakash on perusal of the same state that to his recollection these eight shops were also provided as security before the Division Bench by way of an application which has been disposed of. A further application has been filed by the judgment debtors before the Division Bench expressing themselves to provide these eight shops as security against the decretal amount and the next date of hearing before the Division Bench is March 07, 2023.
5. Mr. Prakash state, he shall look into the details of the shops furnished by Mr. Bindra and file an affidavit whether the shops are unencumbered. At this stage, he also state that appropriate shall be, the judgment debtors file the title documents with regard to said shops, to which Mr. Bindra state, the photocopies of the same shall be filed within two weeks with a copy to Mr. Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.10.2022 19:49:23 Prakash.
6. On receipt of the same Mr. Prakash shall file his affidavit with within three weeks thereafter.
7. List on December 19, 2022, date already fixed.
8. I take on record, Mr. Bindra's submission that till the next date of hearing no third party rights shall be created with regard to the eight shops offered by the judgment debtors as security.
V. KAMESWAR RAO, J.
OCTOBER 27, 2022/ds Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.10.2022 19:49:23