Delhi High Court - Orders
Re-M/S Skipper Builders P Ltd vs Unknown on 7 November, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 28/1993
RE-M/S SKIPPER BUILDERS P LTD. .....Petitioner
Through: Mr. Jitender Kumar, Advocate.
versus
.... .....Respondent
Through: Ms. Ruchi Sindhnani, Advocate for
OL.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 07.11.2024
CO.APPL. 856/2024 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The Application stands disposed of.
CO.APPL. 855/2024 (for initiate action for court of contempt)
3. The Application under Section 151 of the Code of Civil Procedure, 1908 ('CPC' hereinafter) has been filed on behalf of the Applicant, Mr. Adesh Kumar Rastogi, dated 17.09.2024 wherein contempt proceedings are sought to be initiated against M/s Skipper Builders Pvt. Ltd.
4. It is submitted that winding-up Order against M/s Skipper Builders Pvt. Ltd., was made on 02.09.2004. They filed an Application No. 682/2023 dated 17.09.2023 for recalling of the winding-up Order dated 02.09.2004, on the basis of wrong and false submissions. With the passage of time, the Company has become financially strong and has discharged its debt liability towards each and every creditor and has good business in construction line This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2024 at 22:37:18 and the Company thus sought its revival to conduct its business in the market. In paragraph 2(c) of the Application, it was specifically mentioned that with the help of friends and relatives, sufficient amount has been generated from time to time and the entire amounts have been paid to everyone. However, it is a false submission made by M/s Skipper Builders Pvt. Ltd, to seek the revival of its Company.
5. The Official Liquidator in her Reply, gave a 'No Objection' to the revival and consequently, vide Order dated 14.12.2023 the Company has been allowed to be revived and the Official Liquidator was directed to return Rs.1,58,76,123.34 to the Applicant Company, within two weeks. However, it was subject to an undertaking to be given by the Managing Director, within a period one week that in case, there is any accrued financial liability towards EPFO or any other secured creditors during the interregnum i.e. from the date of winding up Order dated 02.09.2014, till date the same shall be honoured without any default. The instant Application as well as the Petition for winding up stand disposed of.
6. The Applicant submits that he was a buyer of residential flat in the project of M/s Skipper Builders Pvt. Ltd in Symphony Apartments at Vaishali, Sector-4, Ghaziabad vide Application No. 26659 at 13th Floor, Roof Slab and Size of the Flat 400 SQ Ft. and Rate 200 per Sqft and the cost of the flat was Rs.80,000/- with the registration amount of Rs.10,000/-, which has been duly paid by the Applicant on 08.04.1992. The last demand of payment of Rs.6,000/- was made vide Letter dated 05.05.1993, which was also paid by the Applicant. However, M/s Skipper Builders Pvt. Ltd has failed to return the single penny and has failed to hand over the flat. The impugned Order has been obtained by M/s Skipper Builders Pvt. Ltd by This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2024 at 22:37:18 misleading the Court and therefore, the Contempt Application be initiated against M/s Skipper Builders Pvt. Ltd.
7. The learned Additional Standing Counsel submits that according to the Applicant, the flat has been booked in 1992 and the amounts had been paid in 1993. The Winding-up Order has been made in 2004. At no point of time, did the Applicant make any claim before the Official Liquidator. The submission now being made, are not tenable as the Claim has become barred by time.
8. Submissions heard.
9. As per the Applicant himself, the booking of the Flat was done in 1992 and the complete payment was made till 1993. M/s Skipper Builders Pvt. Ltd. went in liquidation only in 2004. No legal recourse was taken by the Applicant, during the period of 1993 to 2004 and as has been rightly submitted by the learned Additional Standing Counsel that the Claims of the Applicant, have become time barred. Not only this, no Claim whatsoever by the liquidation proceedings pending in the Court, was filed on behalf of the Applicant.
10. There is no merit in the present Application which is hereby dismissed. However, this is without prejudice to the rights of the Applicant, to seek the remedy, in accordance with law, if available.
NEENA BANSAL KRISHNA, J NOVEMBER 7, 2024/RS This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2024 at 22:37:19