Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sh. Naresh Chand Gupta & Anr vs Vigneshwara Developers Pvt. Ltd on 20 February, 2024

Author: Dharmesh Sharma

Bench: Dharmesh Sharma

                             $~C22
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CO.PET. 534/2015, CO.APPL. 2170/2015, CO.APPL.
                                       5168/2016, CO.APPL. 66/2017, CO.APPL. 311/2017,
                                       CO.APPL. 530/2017, CO.APPL. 532/2017, CO.APPL.
                                       646/2017, CO.APPL. 739/2017, CO.APPL. 1482/2017,
                                       CO.APPL. 1688/2017, CO.APPL. 532/2018, CO.APPL.
                                       1148/2018, CO.APPL. 372/2019, CO.APPL. 1146/2019,
                                       CO.APPL. 717/2023, CO.APPL. 783/2023, CO.APPL.
                                       216/2024, CO.APPL. 490/2021, CO.APPL. 219/2023,
                                       CO.APPL. 220/2023, OLR 9/2017, OLR 11/2017, OLR
                                       181/2017, OLR 243/2017

                                       SH. NARESH CHAND GUPTA & ANR.                                                       ..... Petitioners
                                                    Through: None.

                                                                            versus

                                       VIGNESHWARA DEVELOPERS PVT. LTD ..... Respondent
                                                   Through: Mr. Kunal Sharma and Mr.
                                                            Shubhendu Bhattacharya, Advs.
                                                            for Official Liquidator.
                                                            Mr. Dhruv Wadhwa, Adv. for
                                                            applicant      in      CO.APPL
                                                            714/2022.
                                                            Mr. Govind Rishi, Adv. for
                                                            applicant in CO.APPL. 3/2020.

                                       CORAM:
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                                            ORDER

% 20.02.2024 CO.APPL. 3/2020

1. This is an application filed by the applicant/Moinder Kaur seeking permission of this Court to proceed with the suit bearing No.341/2015 titled „Mohinder Kaur v. Vighneshwara Developers, which is pending before the Court of Civil Judge, Gurugram, Haryana.

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 22/02/2024 at 21:24:48

2. As per office note, no reply has been filed to this application. Although, it is submitted by Mr. Kunal Sharma, learned Standing Counsel appearing for the Official Liquidator that a reply has been filed, which is also acknowledged by the learned counsel for the applicant stating that he received its copy.

3. Having heard learned counsels for the parties and the applicant namely, Moinder Kaur Parmar seeks permission of this Court to proceed with the suit bearing No.341/2015 titled „Mohinder Kaur v. Vighneshwara Developers, which is subjudice before the Civil Judge, Gurugram, Haryana.

4. Learned Standing Counsel has no objection if instead the aforesaid suit is transferred to this Court for further adjudication.

5. Accordingly, the present application is disposed of to the effect that the Principal District and Sessions Judge, Gurugram, Haryana is directed to ensure that the entire record in suit bearing No.341/2015 titled „Mohinder Kaur v. Vighneshwara Developers, which is presently pending in the Court of Dr. Tarun Kumar Verma, Civil Judge (Jr. Divn.), Gurugram, Haryana be sent to this Court forthwith, preferably within four weeks from today.

6. With the above direction, the application stands disposed of. Copy be this order be sent to the Principal District and Sessions Judge, Gurugram, Haryana for information and necessary compliance.

7. This is an application filed on behalf of the applicant/P.S. Security Services Pvt. Ltd. for payment of outstanding dues of Rs.28,68,628/- towards the security bills submitted by the Official Liquidator. Although, a reply has been filed, it is reiterated by learned Standing Counsel for the Official Liquidator that they have presently 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 22/02/2024 at 21:24:48 no funds in the bank account of the respondent/company (in liquidation).

8. It is submitted that the Official Liquidator is in the process of selling certain properties.

9. We find that no status report has been filed by the Official Liquidator since 2017 in the present matter.

10. Let a complete status report be filed setting out the measures which have been taken for selling out the properties of the respondent/company (in liquidation) as well as realisation of the assets so as to take care of the secured creditors, including workmen and other obligations. Accordingly, the instant application is kept pending for consideration.

11. Let the status report be filed within four weeks from today.

12. Re-notify on 16.05.2024.

DHARMESH SHARMA, J.

FEBRUARY 20, 2024/ck 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 22/02/2024 at 21:24:48