Delhi High Court - Orders
Mr. Faisal Naseer Zuberi & Anr vs M/S Anand Divine Dev Pvt. Ltd. & Ors on 12 March, 2026
Author: Sachin Datta
Bench: Sachin Datta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 154/2023
MR. FAISAL NASEER ZUBERI & ANR. .....Petitioner
Through: Mr. Pradeep Dhingra, Mr. Nishant
Kumar, Mr. Depanshu Sharma, Advs.
versus
M/S ANAND DIVINE DEV PVT. LTD. & ORS......Respondent
Through: Mr. Krish Kalra, Adv.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 12.03.2026
1. During the course of hearing, learned counsel for the petitioner draws attention to an order dated 11.08.2025 passed by this Court in EX.APPL. (OS) 1136/2025 in OMP (ENF.) (COMM.) 29/2023. The same reads as under:-
1. This is an application filed under section 151 of CPC on behalf of the decree-holders seeking partial discharge of the decretal amount as per the order dated 14.10.2022 ("the Decree") passed by this Court in O.M.P. (I) (COMM.) No. 46 of 2022.
2. During the pendency of the proceedings, the judgment-debtors have offered to satisfy the Decree in the following terms:-
"9.1 That in partial Execution of the Decree, the Decree Holder shall retain the unit Apartment No. 2221, 22nd floor of Tower/Building no. 2, having Super Built Up area of approx. 2290 sq. feet (212.74 sq. mt.) in "ATS Triumph" (with two proposed car parking) situated at Dwarka Expressway, falling in Sector 104, Gurugram, Haryana. 9.2 That there are outstanding dues of Rs.45,19,630/( Rupees Forty-Five Lakhs Nineteen Thousand Six Hundred and Thirty Only) to be paid by Judgement Debtor to Decree holder, as mentioned in the Samadhan Settlement Agreement dated 27-09-2022 and for retaining the possession, the Decree Holder was to pay Possession dues of Rs.20,07,541/(including applicable taxes) are 'payable as per the Buyer's Agreement dated 04.09.2014. Thus balance amount of Rs.25, 12,089/- (Rupees Twenty Five Lakhs Twelve Thousand and Eighty Nine Only) 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 16/03/2026 at 21:08:31 shall be paid to the Decree Holders in 6 equal monthly instalments of Rs 4,18,681/- starting from the month of July 2025.
9.3 The Aforementioned Unit no. 2221 located at ATS Triumph, was compulsory required to be furnished in accordance with the specifications set forth in the Builder Buyer Agreement dated 04- 09- 2014, Furnishing of the said unit should be completed within a maximum period of 90 working days staring from 5th July 2025, for the said purposes, Builder Buyer Agreement shall be placed on Hon'ble Court Records.
9.4 Time is essence of the Execution of Decree and Lapses on part of Judgement Debtors shall carry interest @1.5% per month of the total sale amount of Rs.2.1 crore and also 1.5% is applicable if both or either furnishing is not done in time and any instalment (25.12 lakhs) not paid in time as mentioned in para 9.2.
9.5 The Judgement Debtor if fails to Furnish the said unit shall reimburse a sum of Rs.15 Lacs to Decree Holder, any delay shall carry additional interest of 18% per annum from date of settlement agreement. 9.6 The Judgment Debtors shall also be responsible for payment of Pre- EMI to the bank towards the First Party's Loan Account No. LBDEL00002185850, until the furnishing of the Unit is completed, and the Judgment Debtor has been duly notified of such completion along with supporting photographs through electronic communication. 9.7 Maintenance charges shall be levied after furnishing and offer of possession.
9.8 The First Transfer of the said unit from Decree Holder to a subsequent buyer shall be Free, and no charges would be imposed by the Developer upon such transfer. However, registration charges imposed by authority, stamp duty, etc shall not be borne by Decree Holders."
3. Mr. Rai, learned counsel for the judgment-debtors, states that they remain obligated to act in accordance with the conditions agreed between the parties, as recorded above.
4. The statement made on behalf of the judgment-debtors is accepted by this Court, and they shall remain bound by the same.
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 16/03/2026 at 21:08:31
5. At joint request, re-notify on 10.03.2026.
6. The next date of hearing, i.e. 03.12.2025, stands cancelled.
7. The decree-holder is at liberty to file fresh application in the event of any default by the judgment-debtors.
2. Learned counsel for the petitioner submits that the respondent- contemnors have not discharged their obligation as set out in Clause 9.6 of the terms and conditions agreed between the parties, as extracted in Paragraph-2 of the aforesaid order dated 11.08.2025 inasmuch as, there has been a shortfall in payment of Pre-EMI to the bank in respect of First Party's Loan Account No. LBDEL00002185850, up to the date of completion of furnishing of the concerned unit of the petitioner.
3. The aforesaid is refuted by learned counsel for the respondents.
4. Let a compliance affidavit be filed by the respondents within a period of four weeks from today, clearly setting out the mode and manner in which the Pre-EMI for the period contemplated under aforesaid Clause 9.6 of the terms and conditions has been paid.
5. The concerned Director of the respondent nos. 1 and 2 shall remain personally present in Court on the next date of hearing.
6. List on 13.05.2026.
SACHIN DATTA, J MARCH 12, 2026/uk 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 16/03/2026 at 21:08:31