Delhi High Court - Orders
Reliance Haryana Sez Limited (Now Known ... vs Shri Kishan Gupta (Deceased) Through ... on 2 November, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 89/2022 & CAV 349/2022, EX.APPLs.(OS) 3594/2022,
3595/2022 & 3596/2022
RELIANCE HARYANA SEZ LIMITED (NOW KNOWN AS
MODEL ECONOMIC TOWNSHIP LTD) ..... Decree Holder
Through: Ms. Shobhana Takiar, Ms. Lakshmi
Gurung and Ms. Poonam Datta, Advs.
versus
SHRI KISHAN GUPTA (DECEASED) THROUGH LEGAL HEIRS
ASHOK GUPTA & ORS. ..... Judgement Debtors
Through: Ms. Sukriti Mago and Ms. Divyanshi
Saxena, Advs. for JD1(i).
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 02.11.2022 CAV 349/2022 As learned counsel appears for caveator / judgment debtor 1 (i), caveat stands discharged.
EX.APPL.(OS) 3596/2022 Exemption allowed subject to all just exceptions. Application stands disposed of.
EX.P. 89/2022, EX.APPLs.(OS) 3594/2022 & 3595/2022
1. This petition seeks the execution of decree passed by the concerned Court in Gurugram on March 30, 2019.
2. The submission of Ms. Shobhna Takiar, learned counsel appearing for the decree holder is that the part of the decree has been satisfied before the concerned Court in Gurugram. The petitioner has sought the transfer of the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:05.11.2022 15:17:59 decree because of the fact that property being Industrial Plot No. 331, Sector B, Bawana-II (Bhorgarh), Delhi, whose proprietor was Kishan Gupta, father of the judgment debtor Nos. 1(i) to 1(iii). She also states, that the executing Court in Gurugram vide order dated May 18, 2022 has restrained the judgment debtors from alienating the aforesaid plot. She states, the property continues to be in the name of Krishan and Co. as can be seen from the document at Page 63 of the documents which is a certified copy of the perpetual lease deed executed by DSIDC.
3. At this stage, Ms. Sukriti Mago, Adv. appears for the JD1(i) states, as per her instructions, the said property had been sold to a third party in the year 2018 during the lifetime of Late Kishan Gupta. This submission is contested by Ms. Takiar by drawing my attention to the perpetual lease deed as well as the interim order at page 81 passed by the Executing Court, Gurugram on May 18, 2022.
4. Notice, Ms. Mago accepts notice for JD1(i). Reply / objections be filed within four weeks. Rejoinder thereto be filed within four weeks thereafter. An affidavit of assets under Order XXI Rule 41 CPC shall also be filed by JD1(i) within four weeks.
5. Let notice be issued to JD1(ii) and JD1 (iii) returnable on January 30, 2023. The notice shall state that the affidavit of assets under Order XXI Rule 41 CPC be filed within four weeks from the receipt of notice.
6. Since an interim order was already passed by the Executing Court at Gurugram on May 18, 2022, the property of the judgment debtor nos. 1(i), 1(ii) and 1(iii) being Industrial Plot No. 331, Sector B, Bawana-II (Bhorgarh), Delhi stands attached till the next date of hearing.
7. During the course of hearing, Ms. Takiar states, construction activity Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:05.11.2022 15:17:59 is being carried out on the aforesaid plot and the judgment debtor nos. 1(i), 1(ii) and 1(iii) or their associates be restrained from carrying out such activity.
8. Accordingly it is directed that the judgment debtor nos. 1(i), 1(ii) and 1(iii) or their associates are restrained from carrying out any construction activity on the above plot till the next date of hearing.
9. List on 30th January, 2023.
V. KAMESWAR RAO, J NOVEMBER 2, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:05.11.2022 15:17:59