Delhi High Court - Orders
Puneet Ramani & Anr vs M/S Anand Divine Developers Pvt. Ltd. & ... on 10 July, 2020
Author: Rekha Palli
Bench: Rekha Palli
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP(I)(COMM) 176/2020
PUNEET RAMANI & ANR. ..... Petitioner
Through Mr.Pardeep Dhingra with Mr.Varun
Chandiok, Mr.Nishant Kumar, Advs.
versus
M/S ANAND DIVINE DEVELOPERS PVT. LTD. & ORS.
..... Respondent
Through Mr.Kartik Nayar with Mr.Sarthak
Malhotra, Advs & Mr.Shailendra Kumar Asst.
General Manager (legal).
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 10.07.2020 I.A. 5446/2020
1. Allowed, subject to all just exceptions. OMP(I)(COMM) 176/2020
2. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following reliefs:-
"a. Direct the Respondents to secure an amount of INR 3,10,50,657 - being amount in dispute between the parties as detailed in para 7 (xxvi) supra, out of which Rs. 2.18 Crore had been paid and utilised by Respondents and 3.10 is admitted and committed by Respondents to be paid.
b. Direct the Respondents to pay the pre-EMIs of INR 1,18,1 18/- (Rupees one lakh eighteen thousand one hundred eighteen only) per month towards the pre-EMI due and payable qua the loan availed and paid to the Respondent as per the MOU.;
c. Direct the Respondents to reimburse the pre-EMIs borne by the Petitioner on behalf of the Respondents up to March 2020 amounting to INR 18,86,638 (Rupees Eighteen lakhs eighty-six thousand six hundred thirty-eight only) as per the MOU. d. Direct the Respondents (company and individually) to file a detailed and comprehensive list of assets (both movable and immovable) before this Hon'ble Court;
e. Direct the Respondents to maintain status quo with regard to their respective assets (both movable and immovable) till the adjudication of claims of the Petitioner; f. Issue directions for forensic audit of the accounts of the Respondents by an Independent Auditor; and g. Any other relief that Petitioner is entitled to that this Hon'ble Court considers just and proper in facts and circumstances of present case."
3. At the outset, learned counsel for the parties jointly submit that they are amenable to enter into an amicable settlement and, therefore, pray that the matter be referred to Delhi High Court Mediation and Conciliation Centre.
4. Accordingly, at the joint request of the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre, where similar petitions have already been referred and are listed on 16.07.2020. The parties through their authorised representatives will appear before the Mediation Centre on 16.07.2020 via video conferencing.
5. List before Court on 11.08.2020 along with the connected petitions including O.M.P.(I)(COMM) 156/2020.
REKHA PALLI, J JULY 10, 2020 sr