Delhi High Court - Orders
Ravi Mittal vs Kumkum Mittal & Anr on 7 February, 2019
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 137/2010
RAVI MITTAL ..... Decree Holder
Through Mr. Ashish Mohan, Mr. Mohit
Kumar, Mr. Shashwat Panda and Mr.
Akshit Mago, Advs.
versus
KUMKUM MITTAL & ANR ..... Judgement Debtors
Through Mr. A.K. Thakur, Mr. R.K. Mishra
and Ms. Kvita Singh, Advs for J.D.
No.1.
Mr. Ratan Kumar Singh, Adv. for
J.D. No.2.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 07.02.2019
Ex. APPL. (OS) No.37/2019
1 This application has been moved by the Court Auctioneer i.e.
Mr. Shishir Pinaki. The directions sought in the application are as follows:-
"a) Approve the rate of the properties and determine the value of the properties under auctioned as per the details given in paragraph nos. 4 and 5 of the application; and/or
b) Determine the date of the proposed auction to be held on the given venue; and/or
c) Direct inclusion of the details in prayer paragraph no. a) and b) in the Sale Proclamation; and/or EX.P. 137/2010 Page 1 of 3
d) Direct the publication of the Sale Proclamation in the News Paper as per the details given in paragraph no.9 of the application."
2 Via the order dated 10.09.2018, I had directed sale of five plots. These plots are located at Village Chandpur, District Bijnour, U.P. 3 A perusal of the application would show that the two groups, which are essentially engaged in an intense inter se dispute i.e. Mr. Ravi Mittal (in short 'R.M. Group') and Mr. Sandeep Mittal (in short 'S.M. Group'), have given their own valuations qua the aforementioned three plots. These valuations have been tabulated by the Court Auctioneer, both for 2017 and 2018. 4 However, there appears to be a vast difference in the valuations given by the two groups and, therefore, counsel (which includes the counsel for judgment debtor No. 1 i.e. Ms. Kumkum Mittal) are agreed that the Court should appoint a Valuer in the matter. 5 Accordingly, Mr. E.R. Kameshwar Prasad Singh is appointed as a Valuer from the list of empanelled Valuers made available to this Court.
6 For the moment, the valuer's fee is fixed at Rs.1 lakh. In addition, the Valuer will be paid all incidental and ancillary expenses. The burden of the fee and expenses will be borne equally by the R.M. Group and the S.M. Group.
7 Besides this, while valuing the aforementioned plots, the Valuer will ascertain as to whether it would be more beneficial to sell one or more plots together or in the alternative, separately. While carrying EX.P. 137/2010 Page 2 of 3 out the valuation, this aspect, apart from other aspects, will be kept in mind.
8 Insofar as the date of auction and the newspaper in which it should be published and fixation of reserve price are concerned, the same can be frozen after the valuation report is received by the Court. The Valuer will submit a report within a period of four weeks from the receipt of the order.
9 Renotify the matter on 10.05.2019.
EX.P. 137/2010 , Ex. APPL. (OS) Nos. 781/2012, 185/2017 and 214/2017 10 Renotify the matter on 10.05.2019.
RAJIV SHAKDHER, J FEBRUARY 07, 2019/A EX.P. 137/2010 Page 3 of 3