M/S Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 7 October, 2021

[Cites 2, Cited by 0]

Delhi High Court - Orders

M/S Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 7 October, 2021

Bench: Suresh Kumar Kait

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     EX.P. 40/2021
      M/S AMBAWATTA BUILDWELL PVT LTD                    ..... Decree Holder
                         Through      Mr. Rakshith Srivastava along with
                                      Mr.Irshad and Mr.Pradeep Bhatia,
                                      Advs.

                         versus

      IMPERIA STRUCTURE LIMITED & ORS ...... Judgement Debtors
                   Through  Ms.Zinnea Mehta, Adv.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT
              ORDER

% 07.10.2021 The hearing has been conducted through video conferencing. EX.APPL.(OS) 612/2021 (u/S 149 r/w Section 151 CPC)

1. Since the court fee has already been deposited by the decree holder, present application has become infructuous.

2. Application is dismissed as having become infructuous.

EX.P. 40/2021

3. Order dated 04.06.2021 has not been complied with by judgment debtors.

4. Judgment debtors are again directed to file affidavit of assets on the date of the cause of action, date of the award as well as on the date of passing of the judgment in Form 16A Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure within 30 days.

EX.P.40/2021 Page 1 of 2

5. Pursuant to order dated 29.07.2021, objections/reply filed on behalf of judgment debtors is stated to have been filed, however, the same is not on record.

6. Counsel for the judgment debtors shall pursue with the Registry and get the same placed on record.

7. Response thereto, if any, be filed within four weeks thereafter. EX.APPL.(OS) 781/2021 & EX.APPL.(OS) 1119/2021 (both filed u/S 151 CPC by decree holder)

1. Vide EX.APPL.(OS) 781/2021, decree holder is seeking direction to attach the assets of the judgment debtors as mentioned in para 5 of the present application. Vide EX.APPL.(OS) 1119/2021, decree holder is seeking direction to the judgment debtor to pay an amount of Rs.56,14,936/ plus recurring interest till the payments are received by the applicant as per order dated 22.09.2021 passed by Uttar Pradesh Real Estate Regulatory Authority.

2. Notice issued.

3. Learned counsel accepts notice to the abovementioned applications and seeks time to file reply to these applications.

4. Let needful be done within three weeks with an advance copy to the other side.

5. Response thereto, if any, be filed within two weeks thereafter.

6. Renotify on 13.12.2021.

SURESH KUMAR KAIT, J OCTOBER 07, 2021/ab EX.P.40/2021 Page 2 of 2

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders