Delhi High Court - Orders
V4 Infrastructure Pvt Ltd vs Jindal Biochems And Developers Pvt Ltd ... on 6 December, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~ 30 & 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(OS) (COMM) 13/2021
V4 INFRASTRUCTURE PVT LTD ..... Appellant
Through Mr.Ravi Gupta, Sr.Advocate with
Mr.S.K.Chaturvedi, Advocate.
versus
JINDAL BIOCHEMS AND DEVELOPERS PVT LTD
(FORMERLY JINDAL BIOCHEM PVT LTD) ..... Respondent
Through None
+ EFA(OS) (COMM) 14/2021
V4 INFRASTRUCTURE PVT LTD ..... Appellant
Through Mr.Ravi Gupta, Sr.Advocate with
Mr.S.K.Chaturvedi, Advocate.
versus
JINDAL BIOCHEMS AND DEVELOPERS PVT LTD
(FORMERLY JINDAL BIOCHEM PVT LTD) ..... Respondent
Through None
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 06.12.2021 C.M.No.43567/2021 in EFA(OS) (COMM) 13/2021 C.M.No.43572/2021 in EFA(OS) (COMM) 14/2021 Exemption allowed, subject to all just exceptions. Accordingly, the applications stand disposed of.
Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:09.12.2021 10:29:58C.M.No.43566/2021 in EFA(OS) (COMM) 13/2021 C.M.No.43571/2021 in EFA(OS) (COMM) 14/2021 Keeping in view the averments in the applications, the delay of 637 days in filing the present appeals is condoned.
Accordingly, the applications stand disposed of. EFA(OS) (COMM) 13/2021 & C.M.No.43565/2021 EFA(OS) (COMM) 14/2021&C.M.No.43570/2021 Present appeals have been filed challenging the common order dated 12th September, 2019 which was later modified vide orders dated 11th December, 2019, 03rd February, 2020 and 12th November, 2021 passed by the learned Single Judge/ Executing Court in OMP (Enf.) (Comm.) 64/2019 & 65/2019.
Learned senior counsel for the Appellant states that vide the impugned orders suo moto directions have been issued to the Appellant company being the judgment debtor to file affidavit of its assets as on the date of cause of action, on the date of award as well as on the date of affidavit in Form 16(A), Appendix (E) under Order 21 Rule 41(2) of CPC and also to file additional affidavit in format attached in form of Annexure- B along with documents to be signed by all the directors of the Appellant company. He states that the Appellant has also been directed to show cause as to why contempt proceedings be not initiated for willful disobedience of the said orders.
Learned senior counsel for the Appellant states that the Division bench of this Court in EFA(OS) (Comm.) 4/21 titled as Delhi Chemical and Pharmaceutical Works Pvt Ltd Vs Himgiri Realtors Pvt Ltd. 2021 SCC OnLine Del 3603 disagreed with the finding given in Bhandari Engineers Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:09.12.2021 10:29:58 & Builders Pvt. Ltd. v. Maharia Raj Joint Venture, 2019 SCC OnLine Del 11879 relying upon which suo moto directions for filing of the affidavits were being given as general instructions in all execution proceedings.
Issue notice to the Respondent, returnable for 05th May, 2022. In the interim, the Appellant is directed to file an affidavit in Form 16(A), Appendix (E) under Order 21 Rule 41(2) of CPC before the learned Single Judge, before 09th December, 2021. In the event, the said affidavit is filed within the stipulated period, the order(s) initiating the contempt proceedings shall stand stayed till further orders.
MANMOHAN, J NAVIN CHAWLA, J DECEMBER 6, 2021 KA Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:09.12.2021 10:29:58