State Consumer Disputes Redressal Commission
Samundri Devi vs M/S Emerging India Housing Corporation ... on 5 April, 2023
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH MA/209/2023 IN EA/86/2022 Date of Institution :
27.03.2023 Date of Decision :
05.04.2023 Samundri Devi w/o Babu Lal, r/o Flat No.101, Tower No.11, Royale Estate, Zirakpur, Punjab.
...Non-applicant(s)/Decree Holder(s) VERSUS M/s Emerging India Housing Corp Pvt. Ltd. having its registered office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. M/s Emerging Valley Pvt. Ltd. having its registered office at SCO No.46 47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. M/s Emerging India Real Assets having its registered office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. Gurpreet Singh Sidhu, Managing Director, M/s Emerging India Housing Corp Pvt. Ltd. having its registered office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Sudhanshu Makkar, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/210/2023 in EA/143/2019 Date of Institution :
27.03.2023 Date of Decision :
05.04.2023 Samundri Devi w/o Babu Lal, r/o Flat No.101, Tower No.11, Royale Estate, Zirakpur, Punjab.
...Non-applicant(s)/Decree Holder(s) VERSUS M/s Emerging India Housing Corp Pvt. Ltd. having its registered office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. M/s Emerging Valley Pvt. Ltd. having its registered office at SCO No.46 47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. M/s Emerging India Real Assets having its registered office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. Gurpreet Singh Sidhu, Managing Director, M/s Emerging India Housing Corp Pvt. Ltd. having its registered office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Sudhanshu Makkar, Advocate for the decree holder.
Sh. Sh.J.S.Rattu, Advocate for the applicant/Judgment Debtors No.1 & 2 alongwith Sh. Gurpreet Singh Sidhu, Judgment Debtor No.2 (VC).
============================================================= MA/217/2023 IN EA/81/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Harmesh Singh Malhi S/o Sh.Gian Singh, resident of House No.29, Abchal Nagar, Patiala ...Non-applicant(s)/Decree Holder(s) Versus Emerging India Housing Corporation (P) Ltd., SCO 46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Mandeep Kanwar, Advocate proxy for Sh. Sahil Khunger, Advocate for the non-applicant/decree holder.
Sh..J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/251/2023 IN EA/28/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Rakesh Kumar Sharma son of Krishan Chand Sharma, resident of House No.321, New Azad Nagar, near Bus Stand, Ferozepur City presently residing at Flat A, 1/F, 257, Temple Street, Kowloon, Hongkong through General Power of Attorney Sh. Daljinder Singh son of Late Sh. Harbans Singh resident of House No.6046, Sunny Enclave, Kharar, District SAS Nagar.
....Non-applicant(s)/Decree Holder(s) Versus Emerging India Housing Corporation (P) Ltd., SCO 46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh- 160009, through its Director/Authorized Signatory.
.....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant/decree holder.
Sh..J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/214/2023 IN EA/281/2019 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Ashish s/o Ashok Kumar, 1/3, Bijai Palace, Mandi Town, Tehsil Sadar, Himachal Pradesh.
Mrs. Anshu w/o Ashish, 1/3, Bijai Palace, Mandi Town, Tehsil Sadar, Himachal Pradesh.
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation Pvt. Ltd. through its Managing Director having its Corporate office at SCO No.46- 47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
Gurpreet Singh Sidhu, Managing Director, Emerging India Housing Corporation office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Mahesh Dheer & Sh. A. S. Jaswal, Advocates for the non-applicant/decree holders.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/215/2023 IN EA/01/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Madhu Jain w/o Sh.Sham Lal Jain. Address:- Sant Nagar, Street No.2, Near Church, Ferozepur, Punjab.
Versus ....Non-applicant(s)/Decree Holder(s) Emerging Valley (P) Ltd., Corporate Office SCO No.46-47, Sector 9-D, First Floor, Madhya Marg, Matka Chownk, Chandigarh through its Director / Managing Director /Chairperson / Authorized Representative.
Emerging Valley (P) Ltd., Regd. Office: B-57, Lower Ground, South Extension, Part-2, New Delhi-49 through its Director/Managing Representative. Director/Chairperson/ Authorized Representative Gurpreet Singh, Director/Managing Director/Authorized Representative of Emerging Valley (P) Ltd., Corporate Office:- SCO No.46-47, Sector-9D, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Vipul Sachdeva, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC .
================================================================ MA/222/2023 IN EA/92/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Jiwan Lal Saini, aged 64 years, S/o Sh. Puran Chand r/o Sen Mohalla, Tehsil Sadar, District Mandi, Himachal Pradesh, PIN - 175001 ....Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation (P) Ltd., through its Managing Director Sh. Gurpreet Singh Sidhu, Present Address: Adab City Centre, SCO No.3, Adjoining YES Bank, Opposite Subway and Cafe Coffee Day, Kharar, Landran Road, Sector 114, Mohali, Earlier Address SCO No.46-47, 1" Floor, Sector 9-D, Chandigarh ......Applicant(s)/Judgment Debtor(s) Present:-
Sh. Rajesh Verma, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/229/2023 IN EA/119/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Mohinder Partap Monga son of Sh. Pyare Lal, aged about 71 years, resident of C/o Monga Nursing Home, Faridkot Road Kotakpura, District Faridkot (Pb).
....Non-applicant(s)/Decree Holder(s) Versus Gurpreet Singh Sidhu Managing Director M/s Emerging India Real Assets (P) Ltd., SCO No.46-47, Sector 9-D, Chandigarh.
Gurpreet Singh Sidhu Managing Director M/s Emerging India Housing Corporation Pvt. Ltd., SCO No.46-47, Sector 9-D, Chandigarh.
Gurpreet Singh Sidhu Managing Director M/s Emerging Valley Pvt. Ltd., SCO No.46-47, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/228/2023 IN EA/118/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Mohinder Partap Monga son of Sh. Pyare Lal, aged about 71 years, resident of C/o Monga Nursing Home, Faridkot Road Kotakpura, District Faridkot (Pb).
....Non-applicant(s)/Decree Holder(s) Versus Gurpreet Singh Sidhu Managing Director M/s Emerging India Real Assets (P) Ltd., SCO No.46-47, Sector 9-D, Chandigarh. Gurpreet Singh Sidhu Managing Director M/s Emerging India Housing Corporation Pvt. Ltd., SCO No.46-47, Sector 9-D, Chandigarh. Gurpreet Singh Sidhu Managing Director M/s Emerging Valley Pvt. Ltd., SCO No.46-47, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/230/2023 IN EA/14/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Rashmi Thakur wife of Sh. Satish Kumar Verma, Resident of House No. 145, Ward No.2, Hamirpur - 177001, Himachal Pradesh.
....Non-applicant(s)/Decree Holder(s) Versus Emerging Valley Private Limited, Corporate Office: SCO 46- 47, 1st Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director/ Auth. Signatory.
Gurpreet Singh Sidhu, Managing Director, Emerging Valley Private Limited, Corporate Office: SCO 46-47, 1st Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh.
Harvinder Singh, Director, Emerging Valley Private Limited, Corporate Office: SCO 46-47, 1st Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Devinder Kumar, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/233/2023 IN EA/20/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Pritpal Singh S/o Sh.Amar Nath, resident of B-31-561, Near Bus Stand, Patiala. .
....Non-applicant(s)/Decree Holder(s) Versus Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd B-57, Lower Ground South Extention Part- II New Delhi-49, through its Managing Director/ Authorized Signatory Email Id [email protected] Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/ Authorized Signatory Email Id [email protected] Managing Director Gurpreet Singh Sidhu, C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh Additional Director Kamaljeet Singh C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Ishant Khangwal, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC .
================================================================ MA/234/2023 IN EA/21/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Kartar Chand S/o Parja Ram R/o Village Galout, PO-Changer, Tehsil and District Hamirpur Kashmir Singh S/o Rattan Singh R/o Village Galout, PO- Changer, Tehsil and District Hamirpur ....Non-applicant(s)/Decree Holder(s) Versus Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd B-57, Lower Ground South Extension Part- II New Delhi-49, through its Managing Director/ Authorized Signatory Email Id [email protected] Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/ Authorized Signatory Email Id [email protected] Managing Director Gurpreet Singh Sidhu, C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh Additional Director Kamaljeet Singh C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Ishant Khangwal, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/235/2023 IN EA/22/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Raghu Sharma S/o Sh. Jatinderpal Sharma R/o H.No.282, Indian Express Society, Sector 48A, Chandigarh ....Non-applicant(s)/Decree Holder(s) Versus Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd B-57, Lower Ground South Extension Part- II New Delhi-49, through its Managing Director/ Authorized Signatory Email Id [email protected] Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/ Authorized Signatory Email Id [email protected] Managing Director Gurpreet Singh Sidhu, C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) SCO No.46-47, First Floor, Sector 9-D, Chandigarh Additional Director Kamaljeet Singh C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Ishant Khangwal, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/236/2023 IN EA/23/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Balwinder Singh S/o Sh.Gurbachan Singh R/o #B5768, Street No.1, Thakkar Badi, Abohar.
....Non-applicant(s)/Decree Holder(s) Versus Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd B-57, Lower Ground South Extention Part- II New Delhi-49, through its managing Director/ Authorized Signatory Email Id [email protected] Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its managing Director/Authorized Signatory Email Id [email protected]. Managing Director Gurpreet Singh Sidhu, C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh Additional Director Kamaljeet Singh C/o Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Ishant Khangwal, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/239/2023 IN EA/66/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Simranjeet Singh S/o Sh.ishan Singh r/o 1047, Sector 19, Part II, HUDA, Kaithal..
....Non-applicant(s)/Decree Holder(s) Versus Emerging India Housing Corporation (P) Ltd., a company incorporated under the companies Act 1956 having its corporate office at SCO 46-47, First Floor, Sector 9-D, Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director.
Gurpreet Singh Sidhu, Managing Director, Emerging India Housing Corporation (P) Ltd., a company incorporated under the companies Act 1956 having its corporate office at SCO 46- 47, First Floor, Sector 9-D, Matka Chowk, Madhya Marg, Chandigarh. IInd Address:- House No.317, Sector 21-A, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Rupam K. Aggarwal, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/242/2023 IN EA/84/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Ranjeet Kaur wife of Kuldeep Singh, r/o 11-12, Ranjit Nagar, Bhadson Road, Patiala, District Patiala ....Non-applicant(s)/Decree Holder(s) Versus Emerging India Housing Corporation Pvt. Ltd., SCO 46-47, First Floor, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh, through its Managing Director.
Gurpreet Singh, Managing Director, Emerging India Housing Corporation Pvt. Limited, SCO 46-47, First Floor, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Simranjit Singh, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/248/2023 IN EA/105/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Dr.Asha Jamwal W/o Sh.Devinder Singh Jamwal (retd.), R/o House No.2032/A, Sector 47-C, Chandigarh (Presently residing at Address:- B.NQ. 480, Sector-C, Sainik Colony, Bye Pass Road, Jammu ....Non-applicant(s)/Decree Holder(s) Versus 1 M/S EMERGING VALLEY PRIVATE LIMITED, a unit of Emerging India Housing Corporation (P) Ltd. through its Managing Director/Authorized Signatory, Site Office at Emerging Heights III, Sante Majra Sector-115, Mohali.
2nd Office SCO 46-47, First Floor, Sector 9-D, Near Mattka Chowk, Madhya Marg, Chandigarh-160009, through its Director Gurpreet Singh Sidhu. Email Id:[email protected]
2. Gurpreet Singh Sidhu, Managing Director, C/o M/s Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd., R/o Emerging Heights III, SanteMajra Sector-115, Mohali. 703.23 2nd Address House No. 208, Sector 9, Chandigarh-160009. Email:- [email protected].
3. SUSHIL KUMAR, Director R/o- Emerging Heights III, SanteMajra Sector-115, Mohali. Email:[email protected].
.....Applicant(s)/Judgment Debtor(s) Present:-
Ms. Tanika Goyal, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/249/2023 IN EA/116/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Purushotam Sood S/o Sh.Nanak Chand Sood, aged about 49 years, r/o Maharaj Karyana Store, P.O. Sultanpur, District Kullu (HP).
....Non-applicant(s)/Decree Holder(s) Versus Gurpreet Singh Sidhu Managing Director of M/s Emerging Valley (P) Ltd., having its Regd. Office at SCO No.46-47, Sector 9-D, Chandigarh, through its Managing Director.
M/s Emerging India Housing Corporation (Pvt.) Limited having its Regd. Office at B-57, Lower Ground, South Extension Part- 2, New Delhi 110049, through its Managing Director.
IInd Address :- House No.317, Sector 21-A, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/250/2023 IN EA/8/2023 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Anil Kumar S/o Subhash Chhabra R/o House No.649, Phase 3B-1, Mohali, Punjab (Presently residing at House No.8934, Sector 125, Sunny Enclave, Kharar, Mohali, Punjab) ....Non-applicant(s)/Decree Holder(s) Versus Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation(P) Ltd Registered Office, B-57, Lower Ground South Extension, Part-II, New Delhi-49, through its Managing Director/ Authorized Signatory Email Id:[email protected] Emerging Valley (P) Ltd a unit of Emerging India Housing Corporation (P) Ltd through its authorized Signatory, Corp Office: SCO 46-47, Near Matka Chowk, Madhya Marg, Sector-9 D, Chandigarh 160009 Email Id:[email protected] Managing Director, Gurpreet Singh Sidhu, C/o M/S Emerging Valley (P) Ltd, a unit of Emerging India Housing Corporation(P) Ltd, R/o House No. 208, sector-9 Chandigarh, 160009.
Additional Director Kamaljit Singh C/o M/S Emerging Valley P Ltd, a unit of Emerging India Housing Corporation (P) Ltd, R/o House No. 26 Hira Bagh, Chaura, University Patiala 147002 .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Ishant Kangwal, Advocate for the Decree Holder.
Sh..J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/243/2023 IN EA/85/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Nacchattar Kaur W/o Sh. Manjit Singh, resident of House No.7030, Back Side New Bus Stand, Bathinda, Punjab.
....Non-applicant(s)/Decree Holder(s) V e r s u s Emerging India Bathinda Private Limited, Corporate Office at S.C.O. No.46-47, First Floor, Sector - 9D, Near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director/Director/Authorised Signatory. Gurpreet Singh Sidhu, Managing Director of Emerging India Bathinda Private Limited, Corporate Office at S.C.O. No.46-47, First Floor, Sector - 9D, Near Matka Chowk, Madhya Marg, Chandigarh. M/s Mega Holding Private Limited, Registered Office at 63, Near T.V. Tower, Phase-I, Model Town Bathinda through its promoter/Managing Director/Owner. Harmanpreet Gill S/o Jaspal Singh Gill, Promoter of M/s Mega Holding Private Limited, Registered Office at 63, Near T.V. Tower, Phase-I, Model Town Bathinda R/o House No.1071, Phase-3B2, S.A.S. Nagar (Mohali), Punjab. Lovedeep Singh S/o Baldev Singh R/o House No.16265-D, Gali No.12/4, Guru Gobind Singh Nagar, Bathinda, authorized person of M/s Mega Holding Private Limited, Registered Office at 63, Near T.V. Tower, Phase-I, Model Town Bathinda.
.....Applicant(s)/Judgment Debtor(s) Present:-
Mrs. Nacchattar Kaur, decree holder in person (M.No.8427385700).
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/253/2023 IN EA/472/2017 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Professor Nalini Pathania D/o Janardhan Singh Pathania R/o 110, Pathania House, Purani Mandi, Jammu (J&K).
...Non-applicant(s)/Decree Holder(s) VERSUS M/s Emerging Valley Pvt. Ltd. through its Director having its Corporate Office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh through its Authorized Representative.
.....Applicant/Judgment Debtor Present:-
Sh. Raman K.Sharma, Advocate for the non-applicant-decree holder Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/238/2023 IN EA/63/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Professor Nalini Pathania D/o Janardhan Singh Pathania R/o 110, Pathania House, Purani Mandi, Jammu (J&K).
...Non-applicant(s)/Decree Holder(s) VERSUS M/s Emerging Valley Pvt. Ltd. through its Director having its Corporate Office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh through its Authorized Representative.
.....Applicant/Judgment Debtor Present:-
Sh. Raman K. Sharma, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/212/2023 IN EA/184/2018 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Sukhdev Singh Sidhu s/o Jora Singh, r/o VPO Charik, District Moga, now at H.No.1183, Gali No.3, Jujhar Nagar, near Nimbuan Wala Bagh, Moga.
...Non-applicant(s)/Decree Holder(s) VERSUS M/s Emerging India Housing Corp Pvt. Ltd. having its Managing Director having its Registered Office at B-57, Lower Ground Floor South Extension 2, New Delhi, through its Authorized Representative. M/s Emerging India Housing Corp Pvt. Ltd. having its head Office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh through Sh. Gurpreet Singh Sidhu, Managing Director, .....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant-decree holder.
Sh..J.S.Rattu, Advocate for the applicant/Judgment Debtors No.1 & 2 alongwith Sh. Gurpreet Singh Sidhu, Judgment Debtor No.2 (VC).
================================================================ MA/213/2023 IN EA/62/2019 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Mr.Subodh Brahmi s/o Sh.Hardev Brahmi, r/o House No.1228, Top Floor, Sector 22-B, Chandigarh.
...Non-applicant(s)/Decree Holder(s) VERSUS Siswan Paradise Private Limited, through its Managing Director/Director/Authorized Signatory, SCO 46-47, First Floor, Sector 9-D, near Mattka Chowk, Madhya Marg, Chandigarh-160009.
(Old Address:- Siswan Paradise Private Limited, SCO No.28-29-30, Top Floor, Sector 09, Madhya Marg, Chandigarh).
Shaife Kumar Director Siswan Paradise Private Limited, through its 25 Managing Director/Director/Authorized Signatory, SCO 46-47, First Floor, Sector9-D, near Mattka Chowk, Madhya Marg, Chandigarh-160009.
(Old Address:- Siswan Paradise Private Limited, SCO No.28-29-30, Top Floor, Sector 09, Madhya Marg, Chandigarh).
Lakhwinder Singh Additional Director Siswan Paradise Private Limited, through its Managing Director/Director/Authorized Signatory, SCO 46-47, First Floor, Sector 9-D, near Mattka Chowk, Madhya Marg, Chandigarh- 160009.
(Old Address:- Siswan Paradise Private Limited, SCO No.28-29-30, Top Floor, Sector 09, Madhya Marg, Chandigarh) Emerging India Real Assets (P) Ltd., SCO 46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/ Director/Authorized Signatory.
Emerging India Real Assets (P) Ltd., SCO 46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director. Gurpreet Singh Sidhu Managing Director Emerging India Real Assets (P) Ltd., SCO 46-47, First Floor, Sector 9-D, Chandigarh. Harvinder Singh Bahl Director Emerging India Real Assets (P) Ltd., SCO 46-47, First Floor, Sector 9-D. Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Gaurav Bhardwaj, Advocate for the non-applicant/Decree Holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/216/2023 IN EA/46/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Reeta Kumari Sharma W/o Deep Raj Sharma, resident of Village Kuswar, P.O. Baliah, Tehsil Barsar, District Hamirpur, At present #1579, Rhinelander Ave, Apt. #5D, Bronx, New York, 10461 USA.
...Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director/Authorized Signatory. (First Address) Emerging Valley Private Limited, Site Office ADAB City Centre, Sector 127, Shivalik City, Kharar, District Mohali (Pb.)-140301 (Second Address) Gurpreet Singh Sidhu, Managing Director, Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh.
Kamaljit Singh, Director, Emerging Valley Private Limited, Corporate Office, SCO 46-47, First Floor, Sector 9 D, Near Matka Chowk, Madhya Marg, Chandigarh, .....Applicant/Judgment Debtor Present:-
Sh. Varun Bhardwaj, for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/218/2023 IN EA/89/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Aditya Sunkaria S/o Gobind Sunkaria r/o H.No.86, Street No.1, Guru Ramdas Nagar, Kot Khalsa, Amritsar 143002.
Ms. Supriya Sunkaria @ Supriya Bhardwaj W/o Aditya Sundaria R/o H.No.86, Street No.1, Guru Ramdas Nagar, Kot Khalsa, Amritsar 143002.
...Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Pvt. Ltd., through its Managing Director.
Sh. Gurpreet Singh Sidhu, Director, Emerging Valley Pvt. Ltd.
Emerging India Housing Corporation Pvt. Limited through its Managing Director. Mr. Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Pvt. Ltd. Mr.Kamaljit Singh Director, Emerging India Housing Corporation Pvt. Ltd.
Address: SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Vipul Sachdeva, Advocate for the non-applicant/decree holders Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/219/2023 IN EA/16/2023 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Aditya Sunkaria S/o Gobind Sunkaria r/o H.No.86, Street No.1, Guru Ramdas Nagar, Kot Khalsa, Amritsar 143002.
Ms. Supriya Sunkaria @ Supriya Bhardwaj W/o Aditya Sundaria R/o H.No.86, Street No.1, Guru Ramdas Nagar, Kot Khalsa, Amritsar 143002.
...Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Pvt. Ltd., through its Managing Director.
Sh. Gurpreet Singh Sidhu, Director, Emerging Valley Pvt. Ltd.
Emerging India Housing Corporation Pvt. Limited through its Managing Director. Mr. Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Pvt. Ltd. Mr.Kamaljit Singh Director, Emerging India Housing Corporation Pvt. Ltd.
Address: SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Vipul Sachdeva, Advocate for the non-applicant/decree holders Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/220/2023 IN EA/90/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Lekh Raj Kamboj S.o Sahib Dita Ram r/o House No.B-540, Basti Hazoor Singh, Fazilka, Punjab 152123.
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation Pvt. Ltd., through its Managing Director.
Mr. Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Limited. Mr. Kamaljit Singh, Director, Emerging India Corporation Pvt. Ltd.
Sushil Kumar, Director, Emerging India Housing Corporation Pvt. Ltd.
Address: SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Vipul Sachdeva, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/221/2023 IN EA/91/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Shimla Rani Wife of Sandeep Kumar resident of House Number 138 Gaushala Road, Opposite Bristol Steel, Fazilka.
Sandeep Kumar Son Of Wazirchand resident of House Number 138 Fazilka Gaushala Road Opposite Bristol Steel, Fazilka.
...Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation Pvt. Ltd., through its Managing Director.
Mr.Gurpreet Singh Sidhu, Director, Emerging India Housing Corporation Pvt. Ltd. Sushil Kumar, Director, Emerging India Housing Corporation Pvt. Ltd. Address: SCO 46-47, First Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Vipul Viral Sachdeva, Advocate for the non-applicant/decree holders.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/223/2023 IN EA/103/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Varinder Kumar son of Late Sh.Kimti Lal, resident of House No.2713, Sector 15, Panchkula, Haryana.
...Non-applicant(s)/Decree Holder(s) Versus M/s Emerging Valley (P) Limited, SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director Sh. Gurpreet Singh Sidhu, Managing Director of M/s Emerging Valley (P) Limited and M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh. ADAB City Centre, Surya Enclave, SCO No.5, Kharar-Landran Road, Kharar, District SAS Nagar, Mohali, Punjab. Sh.Kamaljeet Singh and Sh.Gurpreet Singh, Director of M/s Emerging Valley (P) Limited and M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Deepak Aggarwal, Advocate for the non-applicant/decree holder(s) alongwith Decree Holder in person.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/224/2023 IN EA/115/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Varinder Kumar son of Late Sh.Kimti Lal, resident of House No.2713, Sector 15, Panchkula, Haryana.
...Non-applicant(s)/Decree Holder(s) Versus M/s Emerging Valley (P) Limited, SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director Sh. Gurpreet Singh Sidhu, Managing Director of M/s Emerging Valley (P) Limited and M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
ADAB City Centre, Surya Enclave, SCO No.5, Kharar-Landran Road, Kharar, District SAS Nagar, Mohali, Punjab.
Sh.Kamaljeet Singh and Sh.Gurpreet Singh, Director of M/s Emerging Valley (P) Limited and M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Deepak Aggarwal, Advocate for the non-applicant/decree holder(s) alongwith Decree Holder in person.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/225/2023 IN EA/105/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Anjali Dogra W/o Sh.Sunil Kumar Awasthi R/o VPO & Tehsil Jaisinghpur, Distt. Kangra, Himachal Pradesh.
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Private Limited, Head Office at SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Director Sh. Gurpreet Singh Sidhu Sh. Gurpreet Singh Sidhu, Director, Emerging Valley Private Limited, Head Office at SCO No.46-47, First Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Ravinder Pal Singh, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC =============================================================== MA/226/2023 IN EA/107/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Ashok Kumar S/o Bihari Lal, resident of B1/250, Royal City, Jagraon, Punjab.
......Non-applicant(s)Decree Holder(s) V e r s u s Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd. Registered Office B-57, Lower Ground South Extension, Part-II, New Delhi-49, through its Managing Director/Authorized Signatory Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd. through its Authorized Signatory, Corp. Office: SCO 46-47, Near Matka Chowk, Madhya Marg, Sector 9 D, Chandigarh 160009 Managing Director, Gurpreet Singh Sidhu, C/o M/s Emerging Valley (P) Ltd. a unit of Emerging India Housing Corporation (P) Ltd., R/o House No.208, Sector 9, Chandigarh-160009. Additional Director Kamaljit Singh C/o M/s Emerging Valley (P) Ltd., a unit of Emerging India Housing Corporation (P) Ltd. R/o House No.26, Hira Bagh, Chaura, University Patiala 147002.
.....Applicant(s)/Judgment Debtor(s) Present Ms. Kavita Arora, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/252/2023 in EA/12/2023 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Shamsher Singh Dinarpur son of Niranjan Singh, resident of House No.95, Mansa Devi Complex, Sector 4, Panchkula.
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation Pvt. Ltd., SCO 46-47, 1st Floor, Sector 9-D, Chandigarh - UT, Pin - 160009 through its Manager/Authorised Signatory/Office-in-Charge/Director Sales & Marketing.
Gurpreet Singh Sidhu, Managing Director/Authorized Signatory, SCO 46- 47, 1st Floor, Sector 9-D, Chandigarh-UT, Pin - 160009.
Sushil Kumar, Director, Emerging India Housing Corporation Pvt. Ltd. SCO 46- 47, 1st Floor, Sector 9-D, Chandigarh-UT, Pin - 160009.
Mr. Kamaljit Singh, Director, Emerging India Corporation Pvt. Ltd. Mr. Kamaljit Singh, Director, Emerging India Corporation Pvt. Ltd.
.....Applicant(s)/Judgment Debtor(s) Present:-
None for the Decree Holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/227/2023 IN EA/117/2021 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Shamsher Singh Dinarpur son of Niranjan Singh, resident of House No.95, Mansa Devi Complex, Sector 4, Panchkula.
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation Pvt. Ltd., SCO 46-47, 1st Floor, Sector 9-D, Chandigarh - UT, Pin - 160009 through its Manager/Authorised Signatory/Office-in-Charge/Director Sales & Marketing.
Gurpreet Singh Sidhu, Managing Director/Authorized Signatory, SCO 46- 47, 1st Floor, Sector 9-D, Chandigarh-UT, Pin - 160009.
Sushil Kumar, Director, Emerging India Housing Corporation Pvt. Ltd. SCO 46- 47, 1st Floor, Sector 9-D, Chandigarh-UT, Pin - 160009.
Mr. Kamaljit Singh, Director, Emerging India Corporation Pvt. Ltd. Mr. Kamaljit Singh, Director, Emerging India Corporation Pvt. Ltd.
.....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC MA/231/2023 IN EA/17/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Mr.Chandan Mehta S/o Sh.Sham Sunder Mehta R/o Flat No.3, Block-11, Skynet Towers, Patiala Road, Zirakpur, Dist. Mohali, Pb.
....Non-applicant(s)Decree Holder(s) V e r s u s M/s Emerging Valley (P) Limited, SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director/Authorized Signatory.
Site Office:- Emerging Valley, Sector 125, Village Nagoiri, Tehsil Banur, District Mohali, Pb. through its Managing Director/Director/Authorized Signatory.
M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/ Director/Authorized Signatory. Sh.Gurpreet Singh, Managing Director of M/s Emerging India Housing Corporation (P) Ltd. and of M/s Emerging Valley Private Limited, SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Devinder Kumar, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/232/2023 IN EA/18/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Mr.Chandan Mehta S/o Sh.Sham Sunder Mehta R/o Flat No.3, Block-11, Skynet Towers, Patiala Road, Zirakpur, Dist. Mohali, Pb.
....Non-applicant(s)/Decree Holder(s) V e r s u s M/s Emerging Valley (P) Limited, SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/Director/Authorized Signatory.
Site Office:- Emerging Valley, Sector 125, Village Nagoiri, Tehsil Banur, District Mohali, Pb. through its Managing Director/Director/Authorized Signatory.
M/s Emerging India Housing Corporation (P) Ltd., SCO No.46-47, First Floor, Sector 9-D, Chandigarh through its Managing Director/ Director/Authorized Signatory. Sh.Gurpreet Singh, Managing Director of M/s Emerging India Housing Corporation (P) Ltd. and of M/s Emerging Valley Private Limited, SCO No.46-47, First Floor, Sector 9-D, Chandigarh .....Applicant(s)/Judgment Debtor(s) Present:
Sh. Devinder Kumar, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/237/2023 IN EA/46/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Parminder Kaur wife of Sh. Kanwarjeet Singh R/o House No.4212, Ram Nagar Mandi, Post Office, Mandi Tehsil Sadar, Mandi Himachal Pradesh 157001 ....Non-applicant(s)/Decree Holder(s) V e r s u s M/s Emerging Valley Private Limited, SCO No.46-47, 1st Floor, Sector 9-D, Near Matka Chowk, Chandigarh through its Managing Director Sh. Gurpreet Singh Sidhu.
Sh. Gurpreet Singh Sidhu, Managing Director/Authorized Signatory of M/s Emerging Valley Private Limited, SCO No.46-47, 1st Floor, Sector 9-D, Near Matka Chowk, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh.Tejpal Sharma, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/240/2023 IN EA/67/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Ravikant Sharma s/o Sh. Tirath Ram, R/o H.No.15-B, Sector 5, Nanak Nagar, Jammu, District Jammu (J&K).
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Pvt. Ltd. having its Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director. Gurpreet Singh Sidhu, Managing Director, Emerging Valley Pvt. Ltd. having its Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Lajpat Sharma, Advocate for decree holder alongwith Decree Holder in person.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/241/2023 IN EA/68/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Ravikant Sharma s/o Sh. Tirath Ram, R/o H.No.15-B, Sector 5, Nanak Nagar, Jammu, District Jammu (J&K).
....Non-applicant(s)/Decree Holder(s) VERSUS Emerging Valley Pvt. Ltd. having its Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director. Gurpreet Singh Sidhu, Managing Director, Emerging Valley Pvt. Ltd. having its Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:
Sh. Lajpat Sharma, Advocate for decree holder alongwith Decree Holder in person.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/244/2023 IN EA/89/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Amrik Singh aged about 74 years S/o Sh. Harbans Singh R/o K. No. 545, Sector 60, Phase 3B1, Mohali.
....Non-applicant(s)/Decree Holder(s) V e r s u s M/s Emerging India Real Assets (P) Limited, through its Managing Director Sh. Gurpreet Singh Sidhu M/s Emerging India Housing Corporation Pvt. Ltd. through its Managing Director, Sh. Gurpreet Singh Sidhu, SCO No. 46-47, 1st Floor, Sector 9 D, Chandigarh. M/s Emerging Valley Pvt. Ltd. through its Managing Director, Sh. Gurpreet Singh Sidhu, SCO No. 46-47, 1 Floor, Sector 9-D, Chandigarh-160019.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Rajesh Verma, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/245/2023 IN EA/90/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Anil Kumar Sood S/o Late Sh.Hari Ram Sood, R/o Harison Building, Akhara Bazar, Kullu, Himachal Pradesh.
....Non-applicant(s)/Decree Holder(s) V e r s u s M/s Emerging India Real Assets (P) Limited, through its Managing Director Sh. Gurpreet Singh Sidhu M/s Emerging India Housing Corporation Pvt. Ltd. through its Managing Director, Sh. Gurpreet Singh Sidhu, SCO No. 46-47, 1st Floor, Sector 9 D, Chandigarh.
M/s Emerging Valley Pvt. Ltd. through its Managing Director, Sh. Gurpreet Singh Sidhu, SCO No. 46-47, 1 Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Rajesh Verma, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/246/2023 IN EA/91/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Raksha Sharma aged 49 years W/o Sh.Daya Ram, R/o Village Kanda, Tehsil Chopal, District Shimla, Himachal Pradesh.
...Non-applicant(s)/Decree Holder(s) V e r s u s M/s Emerging India Real Assets (P) Limited, through its Managing Director Sh. Gurpreet Singh Sidhu M/s Emerging India Housing Corporation Pvt. Ltd. through its Managing Director, Sh. Gurpreet Singh Sidhu, SCO No. 46-47, 1st Floor, Sector 9 D, Chandigarh.
M/s Emerging Valley Pvt. Ltd. through its Managing Director, Sh. Gurpreet Singh Sidhu, SCO No. 46-47, 1 Floor, Sector 9-D, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
Sh. Rajesh Verma, Advocate for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ================================================================ MA/247/2023 IN EA/93/2022 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Indu Sharma W/O Jyoti Sharma resident of House No. 5716/1, Mahajan Street Lahori Gate, Patiala-147001, Punjab (India).
....Non-applicant(s)/Decree Holder(s) V e r s u s Emerging Valley Private Limited, SCO 46-47, First Floor, Sector 9D, Near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director.
Gurpreet Singh Sidhu, Managing Director, Emerging Valley Private Limited, SCO 46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director.
Sushil Kumar, Additional Director, Emerging Valley Private Limited, SCO 46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director.
Saifi Kumar S/o Sh. Ravi Kumar R/O H.NO 317 Sector -21 A, Chandigarh being Attorney of Emerging Valley Private Limited, SCO 46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh.
.....Applicant(s)/Judgment Debtor(s) Present:-
None for the non-applicant/decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ============================================================= MA/211 of 2023 in EA/158/2018 Date of Institution :
25.03.2023 Date of Decision :
05.04.2023 Roshan Kumar S/o Lal Chand Resident of Aggarwal Book Depot Nabha Gate Sangrur.
Pooja Garg W/O Roshan Kumar Resident of Aggarwal Book Depot Nabha Gate Sangrur.
...Non-applicant(s)/Decree Holder(s) VERSUS Emerging India Housing Corporation Pvt. Ltd. through its Managing Director having its Corporate office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh. Gurpreet Singh Sidhu, Managing Director, Emerging India Housing Corporation office at SCO No.46-47, 1st Floor, Sector 9-D, near Matka Chowk, Madhya Marg, Chandigarh.
......Applicants/Judgment Debtors Present :-
Sh. Gaurav Bhardwaj, Advocate for the non-applicant-decree holder.
Sh. J.S.Rattu, Advocate for the applicant/Judgment Debtor (Sh.Gurpreet Singh Sidhu) Sh. Gurpreet Singh Sidhu, Applicant/Judgment Debtor on VC ============================================================= BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.
MR.RAJESH K. ARYA, MEMBER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT We would like to dispose of above captioned applications, filed under Section 94 read with Section 96 of Insolvency and Bankruptcy Code, 2016 (for brevity the Code), since common question of law and facts arises therein. All these applications have been filed by the applicant-Gurpreet Singh Sidhu, Managing Director/Director of Emerging India Housing Corporation Private Limited/Emerging Valley Private Limited (in short the applicant) for staying the proceedings in execution applications, on the ground that he has filed application/petition before the National Company Law Tribunal, Chandigarh (in short the NCLT) vide diary no.00932 dated 21.03.2023.
It is the case of the applicant, that while acting as Managing Director of Emerging India Housing Corporation Private Limited, he in his individual capacity, stood personal guarantor to a Financial Debt availed by corporate debtor-M/s Emerin Telecom Private Limited from financial creditor-Punjab National Bank (in short the PNB), which loan has become Non Performing Asset (NPA) and notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFASI Act) has been issued to the applicant, claiming amount of Rs.2,04,73,652.28p.s as on 26.02.2018. The said financial debt was guaranteed by the applicant but the same has not been paid either by the corporate debtor (M/s Emerin Telecom Private Limited) or by him and as such, he has filed the abovesaid application under Section 94 read with Section 96 of the Code before the NCLT, under Part III, Section 79 (1) of the Code. According to him, immediately, on filing application under Section 94 of the Code before the NCLT, the interim moratorium comes into operation under the provisions of Section 96 of the Code and the said interim moratorium commences on the date when such application has been filed. He further stated in his application that no proceedings can be initiated against the applicant, and the provisions of Code shall have effect upon all the laws in-force in India under the provisions of Section 238 of the Code. As such, he made following prayer seeking stay of all the proceedings before this Commission qua him:-
".........It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow the present application seeking placing on record the documents pertaining to subsequent development after the last date of hearing, i.e. 16.03.2023, i.e. withdrawal of the Petition under Section 94 of the Insolvency & Bankruptcy Code, 2016, from the Ld. Debts Recovery Tribunal-II, Chandigarh vide letter dated 17.03.2023, and the subsequent Petition u/s 94 of the Insolvency & Bankruptcy Code, 2016, filed before the Hon'ble National Company Law Tribunal, Chandigarh vide diary no. 00932 dated 21.03.2023, keeping all issues open to be adjudicated by the Hon'ble National Company Law Tribunal, Chandigarh.
It is still further prayed that this Hon'ble Court may pleased to stay the proceedings qua Sh. Gurpreet Singh Sidhu in view of currency of moratorium under Section 96 of IBC, 2016......"
We have heard the contesting parties on these applications and have gone through the entire record of these cases. In Samundri Devi's case (supra), Sh.Alok Jagga, Advocate has addressed arguments on behalf of the applicant, which have been adopted by Sh.J.S. Rattu, Advocate, in all the remaining cases. Whereas, arguments have been addressed by Ms.Kavita Arora, Sh. Ishant Khangwal, Sh.Sudhanshu Makkar, Advocates, on behalf of the complainants/respondents/ non-applicants and the remaining counsels adopted the same. Learned counsel for the applicant, stated that on filing application under Section 94 of the Code before the NCLT, the interim moratorium comes into operation under the provisions of Section 96 of the Code and the said interim moratorium commences on the date when such application has been filed and all the proceedings pending against him be stayed. In respect of his contention, he has placed reliance on following judgments:-
M/s Embassy Property Developers Pvt. Ltd. Versus State Bank of Karnataka & Ors., 2020 (13) SCC 308. Laxmi Pat Surana Versus Union Bank of India & Anr., 2021 AIR (Supreme Court) 1707. Lalit Kumar Jain Versus Union of India & Ors., 2021 (7) Scale 227. Mr. Anand Rao Karada Resolution Professional Versus M/s Varsha Fabrics (P) Ltd. & Ors., 2020 (14) SCC 198. Krishan Kumar Basia Versus State Bank of India and ors., Company Appeal (AT) Insolvency) No.721 of 2022 decided on 14.07.2022. State Bank of India, Stressed Asset Management Branch Vs. Mahendra Kumar Jajodia, Personal Guarantor to Corporate Debtor, Company Appeal (AT) Insolvency No.60 of 2022, decided on 27.01.2022. UCO Bank Flagship Corporate Branch Versus Navin Kumar Jain, Company Appeal (AT) (Insolvency) No.305 of 2022 decided on 27.05.2022. P. Mohanraj & Ors. Versus M/s Shah Brothers Ispat Pvt. Ltd., 2021 AIR (SC) 1308. Vijay Kumar Ghai Vs. Pritpal Singh Babbar, CRM-M-22685-2021 (O&M) decided on 04.07.2022.
On the other hand, Ld. Counsel for the contesting respective complainants/decree holder(s) submitted that the instant application is a fraud played not only upon this Commission as well as the complainants but also upon the NCLT; that the applicant has concealed material facts from this Commission as well as NCLT; there is ample evidence that the applicant, had disposed of huge properties and earned crores of rupees in the last three years but he kept his actual income concealed; he also played fraud with the income tax department by pleading that he has no income after the assessment year 2018-2019 and that at present he does not have any source of income which is palpably wrong and incorrect. To substantiate this argument, learned Counsels for the complainants have relied upon M.A./773/2021 filed in Samundri Devi's case (supra), wherein, the applicant-Gagan Chopra has categorically stated that he had agreed to purchase the property bearing no.317, sector 21-, Chandigarh from the applicant for Rs.11 crores, and has paid an amount of Rs.50 lacs as earnest money and has paid total amount of Rs.3.50 crores to him before submitting application, but to commit fraud with the Estate Officer, new sale deed has been executed for a meager amount and further that the applicant sold other property of Emerging India vide sale deed no.772 dated 05.05.2017 for a sum of Rs.36 lacs and 50 thousand through his power of attorney namely Shaife Kumar. It has been further argued on behalf of the respective complainants that in all these cases, the decreetal orders have been passed in the main consumer complaints, vide which the applicant is liable to pay damages for negligence, nuisance and breach of a statutory, contractual and other legal obligation and these cases fall within the definition of "excluded debt" under Section 79 (15) of the Code. According to the complainants, these applications as well as the previous applications have been filed with ulterior motive and malafide intention to defeat the rights and claim of the complainants/decree holders. It has been further contended that M/s Emerin Telecom Private Limited (in short the corporate debtor-M/s Emerin) is not a party in these cases, therefore, any application filed against corporate debtor-M/s Emerin does not impact the proceedings pending against the applicant, before this Commission and the same will continue. According to the complainants, even if the corporate debtor-M/s Emerin has filed any application, even then the persons either the Managing Director/Director or the other officers can still be made liable.They placed reliance on the case titled as Flat Buyers Association Winter Hills-77, Gurgaon Versus Umang Realtech Pvt. Ltd. through IRP & Ors., Company Appeal (AT) (Insolvency) No.926 of 2019 decided on 04.02.2020. We have heard the rival contentions and are of the considered view that these applications are liable to be dismissed for the reasons to be recorded hereinafter.
Undisputedly, one similar application was filed in each case, on the ground that since an application under Section 94 read with Section 96 of Code has been filed before the DRT-2, Chandigarh, therefore proceeding against the applicant, be stayed by this Commission. The said application alongwith connected applications have been dismissed as withdrawn by the applicant, vide order dated 07.03.2023 and therefore these fresh applications have been filed by pleading that application has been filed under Section 94 read with Section 96 of the Code before the NCLT. In this application before the NCLT, the address of the applicant has been mentioned as Flat No.D-102, Emerging Height, Sector 115, Village Santa Majra, Kharar, Punjab (Email Id:[email protected]).
claims that he was guarantor in his personal capacity to M/s Emerin Telecom Private Limited at the time of obtaining loan from the Punjab National Bank (PNB). He also claimed that he is the Director in other Companies, detailed below:-
Emerging India Infra Private Limited Emerging India Consultancy Services Emerging India housing Corporation Private Limited Emerging Education Private Limited Emerging India Entertainment Private Limited Emerging India Healthcare Private Limited Emerging India Real Assets Private Limited Emerging India Ambreen Mirus Private Limited Greater Bathinda Estates Private Limited Emerging India Mohali Project Private Limited Emerging Valley Private Limited Emerging Heights Ludhiana Private Limited It is the case of the applicant that he has given personal security on 29.09.2014 to PNB and in that case, he has mortgaged immovable land measuring 23K 3M 3 Sarsai situated at village Malout District Sir Mukatsar Sahib. It is pertinent to mention here that PNB has furnished certain documents and information to this Commission wherein it has been stated that the applicant stood guarantor for the cash credit/loan taken from the PNB, Sector 9, Chandigarh on 29.09.2014. At that time, the applicant, in the capacity of personal guarantor mortgaged his land and submitted his affidavit, relevant contents of which are reproduced hereunder:-
1/we, Gurpreet Singh Sidhu MD, Emerging India Housing Corporation Pvt. Ltd, SCO 46,47, First Floor, Section 9D, Chandigarh, do hereby solemnly affirm and declare as under:-
That applicant is/are owner of Total property measuring 31 kanal 10 marlas 3 sarsal detalled as under:-
a) Property measuring 14 kanal 13 marlas, 293/460 share out of total 23 kanal comprised in khewat no.1904, khatuni no.3290, rect no.140 killa no.9(3-9) 12/2(8-8) 18(4-6) 19/1(1-16) rect no.152 killa no.2/2(1-10) 3/2(3-9) 519(0-2) situated at village Malout District Sri Muktsar Sahib as per Jamabandi for the year of 2009-2010, hadbast no.156.
b) Property measuring 8 kanal 7 marlas having 167/460 share out of 23 kanal comprised in khewat no.1904, khautni no.3290, rect no. 140 killa no.9(3-9) 12/2(8-8) 18(4-6) 19/1(1-16) rect no.152 killa no.2/2(1-10) 3/2(3-9) 519(0-2), situated at village Malout District Sri Muktsar Sahib as per Jamabandi for the year of 2009-2010, hadbast no. 156
c) Property measuring 8 kanal 10 marlas 3 sarsal having 1533/1638 share out of total 9 kanal 2 marlas, comprised in khewat no.1904, khatuni no.3290, rect no.140 killa no.22/2(1-16) 23(7-6) situated at village Malout District Sri Muktsar Sahib as per Jamabandi for the year of 2009-2010, hadbast no.156.
2. That SARFAESI Act is applicable on that property is applicable on that property.
3. That no case is pending against this property in any court of law in and neither this property is under attachment proceedings and I am not defaulter.
4. That I have not take any loan on the above mentioned property.
5. That I will not transfer the above said property to anybody else.
6. That I understand whole the process of law regarding mortgage and undertake that in case I become defaulter I have no objection if the bank will sale the above said property for recovery of my debt. I will abide by the terms and conditions of the bank. .........."
Thereafter another agreement of guarantee was executed on 27.06.2015. However, this document has not been mentioned by the applicant, in the instant applications. At that time, he deposited with the Punjab National Bank original sale deeds for the purpose of creating equitable mortgage with regard to 14 Kanals, 13 Marlas and 8 Kanals, 10 Marlas, 3 Sarsai of land situated at Village Malout purchased vide sale deeds dated 19.05.2013; sale deed no.876 of 26.05.2014, and another sale deed no.686 of 14.05.2014. It is pertinent to mention here that the application has number of shares in the aforesaid 12 companies. The applicant also placed on record the decree passed by the Learned Presiding Officer, DRT-2, Chandigarh in original application no.2383 of 2018 decided on 18.03.2021, wherein, the applicant has been impleaded as a party (defendant no.2) being a guarantor. Relevant part of the said order is reproduced hereunder:-
"........8. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.2,23,96,905.75p (Rupees Two Crore Twenty Three Lakh Ninety Six Thousand Nine Hundred Five and Paise Seventy Five Only) jointly and severally, with costs, current and future simple interest @13.15%p.a. from 04.10.2018, till the date of realization of the amount. Accordingly, the applicant bank shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the bank still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law...."
Thus, it is clearly coming out from the aforesaid order that DRT-2, Chandigarh has passed decree for recovery of Rs.2,23,96,905.75p alongwith future interest @13.15% p.a. from 04.10.2018 till realization and that PNB shall be entitled to recover the aforesaid amount from the hypothecated property of the defendants in execution proceedings under the provisions of SARFASI Act. It is further stated in the said order that if the dues still remain, in such a situation it shall be entitled to recover the same by attaching all personal assets of the defendants. Thus, it makes it clear that the decree has also been obtained by the PNB with regard to above said land and other hypothecated goods, under cash credit agreement. The PNB can sell the mortgaged property and hypothecated goods. In the instant cases, the decree alongwith damages in the shape of compensation, cost of litigation etc. has already been passed by this Commission in number of cases, including the Samundri Devi's case (supra). Under these circumstances, before proceeding further, we would like to reproduce Section 94 of the Code as under:-
"......(1) A debtor who commits a default may apply, either personally or through a resolution professional, to the Adjudicating Authority for initiating the insolvency resolution process, by submitting an application.
(2) Where the debtor is a partner of a firm, such debtor shall not apply under this Chapter to the Adjudicating Authority in respect of the firm unless all or a majority of the partners of the firm file the application jointly.
(3) An application under sub-section (1) shall be submitted only in respect of debts which are not excluded debts.
(4) A debtor shall not be entitled to make an application under sub-section (1) if he is--
(a) an undischarged bankrupt;
(b) undergoing a fresh start process;
(c) undergoing an insolvency resolution process; or
(d) undergoing a bankruptcy process.
(5) A debtor shall not be eligible to apply under sub-section (1) if an application under this Chapter has been admitted in respect of the debtor during the period of twelve months preceding the date of submission of the application under this section.
(6) The application referred to in sub-section (1) shall be in such form and manner and accompanied with such fee as may be prescribed. ......"
Bare perusal of Section 94 of the Code makes it very clear that an application under sub-section (1) thereof shall be submitted only in respect of debts which are not excluded debts. The "excluded debts" has been defined under Section 79 (15) of the Code as under:-
"......79 (15) "excluded debt" means--
(a) liability to pay fine imposed by a court or tribunal;
(b) liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other legal obligation;
(c) liability to pay maintenance to any person under any law for the time being in force;
(d) liability in relation to a student loan; and
(e) any other debt as may be prescribed..."
Thus, under Section 79 (15) (b) it is clearly defined that "excluded debt" means the liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other legal obligation. In the present case, in all the consumer complaints, the complainants/buyers booked their respective dwelling units under different schemes in the company named Emerging India/Emerging Valley of which the applicant, is admittedly the Managing Director. Neither possession of the dwelling units was delivered to them nor the amount paid by them towards their respective dwelling units was refunded. Ultimately, they filed consumer complaints before this Commission and those have been allowed and damages in the shape of compensation have been awarded. Thus, the decreetal amount in each complaint has become "excluded debt" under Section 79 (15) (b) of the Code. Consequently, the provisions of Section 94 of the Code are not applicable to the cases, out of which these applications have arisen. Besides, as above, Emerging India Housing Corporation Private Limited is not a corporate debtor before the NCLT. Even M/s Emerin which is a corporate debtor before the NCLT is not a party in any of the consumer complaints pending before this Commission. Now, the Hon'ble Supreme Court in the latest judgment in case_ Ajay Kumar Radheyshyam Goenka Vs. Tourism Finance Corporation of India Ltd., [Criminal Appeals No. 170-171-172 of 2023] [Criminal Appeal No. 171/2023] decided on 15.03.2023 has held that the directors of a Company are liable under the criminal proceedings and thus, the proceedings cannot be stayed against them. Relevant part of the said order is reproduced hereunder:-
"..........This is despite the extinguishment of the criminal liability of the corporate debtor under sub-section (1). Still further, every person, who was associated with the corporate debtor in any manner, and, who was directly or indirectly involved in the commission of such offence, in terms of the report submitted and report filed by the investigating authority, will continue to be liable to be prosecuted and punished for the offence committed by the corporate debtor.
319. Thus, the combined reading of the various limbs of sub-section (1) would show that while, on the one hand, the corporate debtor is freed from the liability for any offence committed before the commencement of the CIRP, the statutory immunity from the consequences of the commission of the offence by the corporate debtor is not available and the criminal liability will continue to haunt the persons, who were in charge of the assets of the corporate debtor, or who were responsible for the conduct of its business or those who were associated with the corporate debtor in any manner, and who were directly or indirectly involved in the commission of the offence, and they will continue to be liable...."
In the case in hand, the provisions of Section 27 of CPA 1986 is of criminal nature and is punishable with imprisonment which should not be less than one month but not more than three years or with a fine which shall not be less than Rs.2000/- but which may extend to Rs.10,000/-. Similar provisions with enhanced punishment is provided under the new CPA 2019, under Section 72 thereof. This Commission is empowered with the powers of Judicial Magistrate First Class to try the offenses under Section 27 of CPA 1986 and 72 of CPA 2019, as the case may be, as a criminal complaint under the provisions of Section 200 Cr.P.C. In this view of the matter, it is held that the proceedings pending against the applicant before this Commission cannot be stayed and he is liable for the same. Before parting with this order, we would like to express that the applicant has concealed the material facts from this Commission as well as from the NCLT by falsely stating in his application that he has no income after the assessment year 2018-2019. It is pertinent to mention here that recently he has executed a sale deed no.4415 registered year 2022-2023 dated 30.09.2022 vide which he sold house no.317 sector 21-A, Chandigarh for a total sum of Rs.8,16,00,000/- in favour of Sh.Gagan Chopraand received this amount. Surprisingly, the said Vendee Gagan Chopra has already moved an application that he has agreed to purchase this house from applicant for a total sum of Rs.11 crores and the applicant has already received Rs.3 crores. In this way he infact sold the said house for Rs.11 crores. Apart from it, the record of this Commission transpires that for the period from 2018 to 2022, the applicant had paid approx. more than Rs.1 crore as part decreetal amount, in different consumer complaints which fact has been concealed by him before the NCLT and as such, his claim that he has no income after assessment year 2018-2019 is incorrect and not acceptable. Few instances of making payment in some of the executions are given hereunder:-
Professor Nalini Pathania Vs. M/s Emerging Valley Pvt. Ltd Rs.22 lacs Approx.
Roshan Kumar Vs. Emerging India Housing Corporation Pvt. Ltd.
Rs.25.20 lacs Approx.
Ashish Vs Emerging India Housing Corporation Pvt. Ltd.
Rs.24 lacs Approx.
Reeta Kumari Vs. Emerging Valley Private Limited Rs.5 lacs Approx.
Sukdhev Singh Sidhu Vs Emerging India Housing Corp Pvt. Ltd.
Rs.9.50 lacs Approx.
Subodh Brahmi Vs. Siswan Paradise Private Limited, Rs.9.50 lacs Approx.
Samundri Devi Vs M/s Emerging India Housing Corp Pvt. Ltd.
Rs.9 lacs Approx.
Shamsher Singh Dinarpur Vs. Emerging India Housing Corporation Pvt. Ltd., Rs.2.50 lacs Approx.
Consequently, it is held that no case is made out to stay the proceedings against the judgment debtors before this Commission and we are of the opinion that all these applications are not maintainable and the same have been filed with malafide intention and ulterior motive to delay the proceedings and are dismissed with cost of Rs.1000/- each, which shall be paid to the complainants/decree holders, in each case. Now to come up in the main execution applications on 13.04.2023 for further proceedings. Certified copies of this order be sent to the parties, free of charge and copy be placed on the connected case files.
Pronounced 05.04.2023_ Sd/-
[JUSTICE RAJ SHEKHAR ATTRI] PRESIDENT Sd/-
(RAJESH K. ARYA) MEMBER Rg