Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Splendor Landbase Ltd vs M/S Mrb. Promoters Pvt Ltd & Ors on 9 July, 2020

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                           $~7
                           *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +        CS(OS) 573/2016
                                    SPLENDOR LANDBASE LTD                                         .....Plaintiff
                                                       Through       Mr. Anirudh Bakhru with Ms. Mehak
                                                                     Tanwar and Mr. Manish Prakash,
                                                                     Advs.

                                                                 Versus

                                    M/S MRB. PROMOTERS PVT LTD & ORS            .....Defendant
                                                 Through  Mr. Jasmeet Singh, Adv. for JD-2.

                                    CORAM:
                                    HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                                 ORDER

% 09.07.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No.5101/2020

1. Pursuant to the last order i.e. order dated 03.07.2020, Mr. Jasmeet Singh, who appears for the applicant/judgement debtor no. 2, says that an affidavit has been filed. However, the same is not on record. 1.1 Mr. Singh will take steps to bring the affidavit on record. 1.2 However, the affidavit filed has been shared on the screen by Mr. Singh.

2. A perusal of the same is indicative of the fact that apart from the three cars furnished as security, there is an intention to place, in the custody of the Court, a fixed deposit receipt having a face value of Rs. 14,99,999/-.

2.1 Mr. Singh says that on maturity the said fixed deposit receipt will bear a value of Rs. 15,97,063/-.

2.2 I am further informed that the aforementioned fixed deposit receipt is created with HDFC bank and will mature on 19.11.2020. 2.3 Mr. Singh says that since the aforementioned fixed deposit receipt has been created by the daughter of applicant/judgement debtor no. 2, he will place on record, an affidavit of the daughter of applicant/judgement debtor no. 2, which will, inter alia, state that she has no objection to the said fixed deposit receipt being kept in the custody of the Registry of this Court till the time the decree is satisfied qua the applicant/judgement debtor no. 2. 2.4 Mr. Singh says that the aforementioned affidavit will also state that in case of default by applicant/judgement debtor no. 2, the daughter would have no objection to the Court applying the proceeds of the fixed deposit receipt towards satisfaction of the decree.

3. Let an affidavit, to that effect, be filed before the next date of hearing.

4. I may indicate that the directions contained in paragraph 9 of the order dated 03.07.2020 have not been complied with by the applicant/judgement debtor no. 2.

4.1 Mr. Singh says that on account of Coronavirus pandemic, the applicant/judgement debtor no. 2 has not been able to establish contact with his Chartered Accountant and also obtain necessary statements from his banker.

4.2 Mr. Singh says that the rigour of this direction be relaxed.

5. This aspect of the matter will be examined on the next date of hearing.

6. Renotify the matter on 22.07.2020.

RAJIV SHAKDHER, J JULY 09, 2020 pmc/KK Click here to check corrigendum, if any CS(OS) 573/2016 3/3 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date10.07.2020 09:22