Delhi High Court - Orders
Dalmia Family Holdings Llp vs Getamber Anand & Ors on 31 May, 2022
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~31, 33 & 62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 615/2022
DALMIA FAMILY HOLDINGS LLP ..... Petitioner
Through: Mr. Darpan Wadhwa, Sr. Adv with
Mr. Aseem Chaturvedi, Mr. Ajay
Bhargava, Ms. Wamika Trehan, Ms.
Radhika Khanna and Mr. Amer Vaid,
Advs.
versus
GETAMBER ANAND & ORS. ..... Respondents
Through:
+ CONT.CAS(C) 617/2022
DALMIA FAMILY OFFICE TRUST ..... Petitioner
Through: Mr. Darpan Wadhwa, Sr. Adv with
Mr. Aseem Chaturvedi, Mr. Ajay
Bhargava, Ms. Wamika Trehan, Ms.
Radhika Khanna and Mr. Amer Vaid,
Advs.
versus
GETAMBER ANAND & ORS. ..... Respondents
Through:
+ CONT.CAS(C) 614/2022
DALMIA FAMILY OFFICE TRUST ..... Petitioner
Through: Mr. Darpan Wadhwa, Sr. Adv with
Mr. Aseem Chaturvedi, Mr. Ajay
Bhargava, Ms. Wamika Trehan, Ms.
Radhika Khanna and Mr. Amer Vaid,
Advs.
Signature Not Verified
Digitally Signed CONT.CAS(C) 615/2022 etc. Page 1 of 6
By:RAHUL SINGH
Signing Date:02.06.2022
13:07:58
versus
GETAMBER ANAND & ORS ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 31.05.2022 CM APPLs. 26433-34/2022 (Exemption) in CONT.CAS(C) 615/2022 CM APPLs. 26437-38/2022 (Exemption) in CONT.CAS(C) 617/2022 CM APPLs. 26430-31/2022 (Exemption) in CONT.CAS(C) 614/2022 Allowed, subject to all just exceptions.
CONT.CAS(C) 615/2022 CONT.CAS(C) 617/2022 CONT.CAS(C) 614/2022
1. CONT.CAS(C) 615/2022 has been filed for the alleged non- compliance of the order dated 12.10.2021, passed by the learned Sole Arbitrator, in Arbitration Case No.3/2021.
2. CONT.CAS(C) 617/2022 has been filed for the alleged non- compliance of the order dated 12.10.2021, passed by the learned Sole Arbitrator, in Arbitration Case No.2/2021.
3. CONT.CAS(C) 614/2022 has been filed for the alleged non- compliance of the order dated 12.10.2021, passed by the learned Sole Arbitrator, in Arbitration Case No.1/2021.
4. The relevant portion of the order dated 12.10.2021 reads as under:
VI. OPERATIVE PART OF THE ORDER In view of the undisputed factual matrix of the case, for reasons and Signature Not Verified Digitally Signed CONT.CAS(C) 615/2022 etc. Page 2 of 6 By:RAHUL SINGH Signing Date:02.06.2022 13:07:58 discussions afore-recorded, the Arbitral Tribunal hereby passes the following orders and directions:
1. The Claimants are hereby directed to furnish security by way of bank guarantees from a nationalized bank, to the extent and in favour of, as follows:
CA PARTICULAR PERCENTA AMOUNT IN
SE S GE OF OF BANK FAVOUR
NO. INVESTME GUARANT OF
NT EE
1. Almond 12.4% 18.06 Dalmia
infrabuild Pvt. Crores Family
Ltd v. Dalmia Office
Family Office Trust
Trust
2. Domus Green 8.39% 12.48 Dalmia
Pvt. Ltd. & Ors. Crores Family
V. Dalmia Office
Family Office Trust
Trust
3. ATS 10.61% 15.19 Dalmia
Infrastructure Crores Family
Limited v. Holdings
Dalmia Family LLP
Holding LLP
10 Getamber 6.03% 9.05 Crores Rasbehari
& Anand v. Traders
11 Rasbehari
Traders & ATS
Infrastructure
Limited v.
Rasbehari
Traders.
2. The Claimants are further directed to furnish the list of flats / units to th e extent and in favour of, as directed hereinafter. The list of the flats/units so furnished along with allotment letters, shall be of the Signature Not Verified Digitally Signed CONT.CAS(C) 615/2022 etc. Page 3 of 6 By:RAHUL SINGH Signing Date:02.06.2022 13:07:58 flats/units which are unencumbered, free of charge in all respects and the third parties have no interest, whatsoever, in those flats/units. The details thereof are as follows:
CASE PARTICULARS NUMBER OF IN NO. UNITS/FLATS FAVOUR OF 1. Almond infrabuild 5.9 Flats Dalmia Pvt. Ltd v. Dalmia Rounded off to Family Family Office Trust 6 flats/units Office Trust 2. Domus Green Pvt. 4.02 Flats Dalmia Ltd. & Ors. V. Dalmia Rounded off to Family Family Office Trust 4 flats/units Office Trust 3. ATS Infrastructure 5.01 Flats Dalmia Limited v. Dalmia Rounded off to Family Family Holding LLP 5 flats/units Holdings LLP 4. Getamber Anand v. 2.89 Flats Rasbehari Rasbehari Traders & Rounded off to Traders ATS Infrastructure 3 flats/units Limited v. Rasbehari Traders.
3. These flats/units will remain as security in favour of the Respondents and will not be alienated, transferred or possession parted with in any manner, whatsoever, till disposal of the present proceedings.
4. The Claimants should comply with the above directions within a period of three weeks from today.
5. The Claimants are hereby restrained from alienating, transferred or parting with the possession of any flat/unit, in favour of any third party /financial institution, out of the seven stated projects, i.e. ATS Picturesque Reprieves, ATS Rhapsody, ATS One Hamlet, ATS Dolce, ATS Triumph, ATS Tourmaline and Pristine Golf Villas, without specific orders of the Tribunal for which the Claimants are at lib rty to file appropriate application with complete details.Signature Not Verified Digitally Signed CONT.CAS(C) 615/2022 etc. Page 4 of 6 By:RAHUL SINGH Signing Date:02.06.2022 13:07:58
5.1 This direction would remain inforce till a period of three weeks or earlier, till the time the Claimants comply with the above direction in its entirety.
6. However, in the event of default, the injunction granted under this clause shall remain operative and effective in all respects. The Claimants are hereby injuncted and restrained from transferring, conveying or selling in any manner, whatsoever, and/ or parting with the possession of any of their flats/units in favour of any party, till compliance of the directions contained in this order in regard to the above seven projects.
7. Upon the Claimants' complying with above directions, the Respondents are hereby directed to return all the post-dated cheques and the copies of the Builder Buyer Agreement given to them on or about 31.08.2020 under the stated 'Holistic Settlement' to the Claimants within four weeks from today.
7.1 In the event of non-compliance of the order by the Claimants, the Respondents will not be obliged to comply with this direction.
8. With the above directions, the applications filed by both the parties u/s 17 of the Act of 1996 in above five cases, are hereby allowed partially while leaving the parties to bear their own costs.
9. The reliefs claimed by the parties but not granted specifically under this order shall be deemed to have been rejected.
10 All the observations made in this order are prima facie and are subject to final orders of the Arbitral Tribunal and are without prejudice to the rights and contentions of the parties in these proceedings."
5. The learned Senior Counsel appearing for the Petitioner states that apart from the fact that the Respondents have not complied with the Signature Not Verified Digitally Signed CONT.CAS(C) 615/2022 etc. Page 5 of 6 By:RAHUL SINGH Signing Date:02.06.2022 13:07:58 aforementioned directions, they are also taking steps to deal with the properties. He places reliance upon the Judgment passed by the Apex Court in Alka Chandewar vs. Shamshul Ishrar Khan, (2017) 16 SCC 119 to contend that the orders passed under Section 17 of the Arbitration and Conciliation Act, 1996 will be applicable for all purposes to impose under the Civil Procedure Code in the same manner as orders of this Court. He also places reliance upon the Judgment passed by the Apex Court in Future Coupons Private Limited Ors vs. Amazon.com Nv Holdings LLC & Ors in SLP (C) No.1705-1706/2022 for the same proposition. He, therefore, states that the instant petition is maintainable.
6. Issue notice.
7. On taking steps, let notice be issued to the Respondents through all modes, including Whatsapp and email, Dasti in addition.
8. List on 28.07.2022.
SUBRAMONIUM PRASAD, J MAY 31, 2022 S. Zakir Signature Not Verified Digitally Signed CONT.CAS(C) 615/2022 etc. Page 6 of 6 By:RAHUL SINGH Signing Date:02.06.2022 13:07:58