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L R Builders Pvt Ltd & Anr vs Goldenera Leisure And Entertainment ... on 22 February, 2021

Author: J.R. Midha

Bench: J.R. Midha

                          $~O-42
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     EX.P. 66/2020

                                L R BUILDERS PVT LTD & ANR.       ..... Decree Holders
                                              Through: Mr. Humraz Bir Singh, Advocate.

                                                    versus

                                GOLDENERA LEISURE AND
                                ENTERTAINMENT PVT LTD                           ..... Judgment Debtor
                                            Through: None.

                                CORAM:
                                HON'BLE MR. JUSTICE J.R. MIDHA

                                       ORDER

% 22.02.2021

1. There is no appearance on behalf of the judgment debtor despite service.

2. The judgment debtor is directed to file an affidavit of its assets on the date of the cause of action, date of the award as well as today in Form 16A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure within 30 days.

3. The judgment debtor is further directed to file an additional affidavit in the format of Annexure B-1 to the judgment dated 05th August, 2020 of M/s Bhandari Engineers & Builders Pvt. Ltd. v. M/s Maharia Raj Joint Venture in Ex.P.275/2012 (MANU/DE/1497/2020) along with the documents mentioned therein within 30 days. Both the affidavits shall be signed by all the directors of the judgment debtor.

4. The judgment debtor shall not transfer, alienate or dispose of any of its assets to the tune of the decretal amount except in the ordinary course of business such as payment of salary and statutory dues. The respondent shall not discharge any liability without the permission of this Court except the liability in respect of bank/financial institutions.

5. If the affidavit of assets in Form 16A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure is not filed within 30 days, the decree holder is at liberty to file an application for detention of the Directors of judgment debtor under Order XXI Rule 41(3) of the Code of Civil Procedure.

6. All the Directors of judgment debtor shall remain present before this Court on the next date of hearing.

7. List on 05th May, 2021.

8. Learned counsel for the decree holder shall send the copy of this order to judgment debtor by email as well as registered AD Post.

J.R. MIDHA, J.

FEBRUARY 22, 2021 ak Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:26.02.2021 13:18:33