Delhi High Court - Orders
Mohan Investments And Properties ... vs Sai Aaina Farms Private Limited And Anr on 8 February, 2022
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 127/2021 & EX.APPL.(OS)
1037/2021, EX.APPL.(OS) 1254/2021
MOHAN INVESTMENTS AND PROPERTIES PRIVATE
LIMITED ..... Decree Holder
Through: Mr. Neeraj Kishan Kaul and
Mr. Jayant K. Mehta, Sr. Advs.with Mr.
Hardeep Sachdeva, Mr. Kamal Shankar, Mr.
Abhishek Awasthi, Mr. Pradyumna Sharma,
Mr. Ramchandra, Ms. Shilpa Ohri, Ms.
Smiti Verma, Ms. Ira Mahajan and Ms.
Aarzoo Aneja, Advs.
versus
SAI AAINA FARMS PRIVATE LIMITED AND ANR
..... Judgement Debtors
Through: Mr. Vidit Gupta and Mr.
B.K.Deka, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 08.02.2022 (By Video Conference on account of COVID-19) EX.APPL.(OS) 1254/2021 & EX.APPL.(OS) 1037/2021
1. Rejoinder has not been filed, by the applicant/award debtor, in Ex Appl (OS) 1254/2021. The right to file rejoinder accordingly stands forfeited, in view of para 4 of the order dated 11th January, 2022.
2. Mr. Vidit Gupta, learned Counsel appearing for the award debtor, submits that the affidavit, as per para 3 of the order dated 11th Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (ENF.) (COMM.) 127/2021 Page 1 of 3 Signing Date:10.02.2022 15:52:54 January, 2022, was filed only yesterday.
3. It is accordingly not on record.
4. The delay in filing the affidavit is condoned.
5. The Registry is directed to place the affidavit on record during the course of the day.
6. Learned Senior Counsel for the award holder submits that there is no need to file any response to the affidavit.
7. List both these applications for disposal on 15th February, 2022.
8. Mr. Neeraj Kishan Kaul, learned Senior Counsel for the award holder, has seriously questioned the inaction, on the part of the award debtor, in filing its affidavit of assets in terms of the directions issued by this Court on 16th August, 2021.
9. Though Ex Appl (OS) 1037/2021 seeks modification of the said direction, Mr. Kaul submits that modification has been sought only on the ground that the judgment of the learned Single Judge of this Court in Bhandari Engineers and Builders Pvt. Ltd. v. Maharia Raj Joint Venture1 stands reversed by the judgment of the Division Bench of this Court in Delhi Chemicals and Pharmaceutical Works Pvt. Ltd. v. Himgiri Realtors Pvt. Ltd.2. He submits that the directions for furnishing affidavit of assets was never issued in terms of Bhandari Engineers1 but was issued independent thereof and under the provisions of CPC, and that the award debtors/judgment debtors are 1 227 (2016) DLT 302 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (ENF.) (COMM.) 127/2021 Page 2 of 3 Signing Date:10.02.2022 15:52:54 bound to comply therewith.
10. Mr. Kaul further submits that the judgment of the Division Bench in Delhi Chemicals and Pharmaceutical Works Pvt. Ltd.2 does not overrule Bhandari Engineers1 in toto, but permits the issuance, in an appropriate case, of a direction for filing of affidavit of assets at an initial stage.
11. Mr. Gupta disputes this contention of Mr. Kaul.
12. It is made clear that, in case this Court is not inclined to agree with the prayer in Ex Appl (OS) 1037/2021, no further opportunity for filing of affidavit of assets would be granted and the consequences, as per law, would follow.
13. Mr. Gupta submits that an affidavit of assets stands filed, though Mr. Kaul seriously disputes this contention, and states that the affidavit is not in terms of the CPC, or of the directions issued by this Court.
14. It is reiterated that no further opportunity for filing the affidavit of assets, as required by the law, would be granted.
C. HARI SHANKAR, J.
FEBRUARY 8, 2022 dsn 2 2021 SCC OnLine Del 3603 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI OMP (ENF.) (COMM.) 127/2021 Page 3 of 3 Signing Date:10.02.2022 15:52:54