Delhi High Court - Orders
Megha Nagpal And Anr vs Harbans Nagpal And Others on 18 August, 2022
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 481/2022 & I.As. 12862-64/2022
MEGHA NAGPAL AND ANR. ..... Plaintiffs
Through: Mr. Dayan Krishnan, Mr. Mohit
Mathur, Sr. Advocates with Mr.
Sanjeev Seshadri, Mr. Aroon
Menon, Mr. Pranav Jain, Mr.
Sukrit Seth, Mr. Shreedhar
Kale, Advocates
(M:9971107991;email:sanjeevi
@seshadri.in)
versus
HARBANS NAGPAL AND OTHERS ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 18.08.2022 I.A. 12863/2022 (u/S 151 of CPC seeking exemption from filing original/illegible/Dim documents with improper margins)
1. This is an application seeking exemption from filing original documents. Recording the plaintiffs' undertaking that the inspection of original documents shall be given, if demanded, or that the original documents shall be filed prior to the stage of admission/denial, the exemption is allowed.
2. As prayed, the plaintiffs are allowed to file clear copies and typed version of hand written documents within four weeks.
3. The application is disposed of.
I.A. 12864/2022 (u/S 148 read with Section 149 of the CPC seeking enlargement on the time period for filing the court fee along with Signature Not Verified Digitally Signed By:PREETI Signing Date:25.08.2022 11:47:53 supporting affidavit.)
4. This is an application under Section 148 read with Section 149 of CPC on behalf of the plaintiffs seeking enlargement on the time limit of filing of court fee.
5. It is prayed that the plaintiffs be granted a period of 6 weeks for filing the court fees. It is stated on behalf of the plaintiffs that the plaintiffs have lost both their parents and are in a financial distress. Further, it is undertaken that the court fees shall be paid within a period of 6 weeks.
6. In view of the submissions made in the present application and averments made before this Court, the plaintiffs are granted time period of 6 weeks for filing the court fees.
7. Application is disposed of.
CS(OS) 481/2022
8. Let the plaint be registered as a summary suit under Order XXXVII CPC.
9. Issue summons for appearance to the defendants by all modes, including Dasti in the prescribed format for a summary suit, returnable before the Joint Registrar on 17.11.2022. I.A. 12862/2022 (u/O XXXIX Rules 1 & 2 along with Order XXXVIII Rule 5 read with Section 151 of CPC seeking injunctive relief and attachment before judgment along with supporting affidavits)
10. This is an application under Order XXXIX Rules 1 & 2 along with Order XXXVIII Rule 5 read with Section 151 of CPC on behalf of the plaintiffs.
11. The plaintiffs have filed the present suit under Order XXXVII Signature Not Verified Digitally Signed By:PREETI Signing Date:25.08.2022 11:47:53 of the CPC seeking recovery of monies owed under the written contract. The plaintiffs have sought a decree for an amount of Rs. 8,74,90,582/- (Rupees Eight Crores Seventy Four Lakhs Ninety Thousand Five Hundred Eighty Two Only). Attention of this Court has been drawn to the Settlement Agreement dated 18.04.2017 and the Additional Settlement Agreement dated 26.08.2019, under which the aforesaid amount is stated to be due and payable to the plaintiffs.
12. It is stated that the plaintiffs are orphans and are unmarried. They lost their mother in the Uphaar Fire tragedy while their father Late Shri Shyam Nagpal expired on 12.02.2021. The plaintiffs are the only legal heirs of Late Shri Shyam Nagpal, the party in whose favour the Agreements dated 18.04.2017 & 26.08.2019 were originally executed.
13. The defendants are the younger three brothers of the father of the plaintiffs.
14. It is submitted that the father of the plaintiffs was Managing Director of M/s International Conference & Exhibition Services ('ICES'), wherein he had appointed the defendant Nos. 1 & 2 as directors and defendant No.3 as employee. Subsequently, serious irregularities in the functions and finances of the company were discovered and father of the plaintiffs filed a complaint dated 10.11.2016 in the year 2016 with the Economic Offences Wing (EOW), New Delhi against the defendants.
15. It is the case of the plaintiffs that fearing the criminal prosecution, the defendants approached the father of the plaintiffs to enter into a Settlement Agreement dated 18.04.2017 whereby the Signature Not Verified Digitally Signed By:PREETI Signing Date:25.08.2022 11:47:53 defendants jointly and severally, mutually agreed to pay to the father of the plaintiffs a sum of Rs. 12 crores on such terms as contained therein.
16. This Court has perused the Settlement Agreement dated 18.04.2017, specifically page 8, 11 & 12 of the said Agreement which has been filed along with the present plaint.
17. Schedule of payment of the amount is detailed in the Settlement Agreement. Further, the Settlement Agreement categorically states that the following properties will be placed as collateral to guarantee payment of the amounts under the said Agreement:
i. Property with address 103, Panchsheel Enclave, Near Hotel Clarks Amer, JLN Marg, Jaipur-302017 (Property A);
ii. Property with address, 56, Panchsheel Enclave, Near Hotel Clarks Amer, JLN Marg, Jaipur-302017 (Property B);
iii. Nagpal House, Shivalik Vihar Road, Near Shivalik Nursery, Khuda Ali Sher, Chandigarh, Union Territory (U.T.) (Property C).
18. It is the case of the plaintiffs that the plaintiffs have reason to believe that the defendants are in the midst of alienating the properties which were given as collateral and security to support the contractual debt owed to the plaintiffs. Further, conduct of the defendants and their unwillingness to make the contractual obligations has raised apprehension that the defendants are making attempts to escape the liability and alienate/siphon off monies prior to discharge of their contractual liabilities qua the plaintiffs, so as to render any decree in their favour as a mere payable decree.
Signature Not Verified Digitally Signed By:PREETI Signing Date:25.08.2022 11:47:5319. Having heard the ld. Senior Counsel for the plaintiffs, I hold that there is a prima facie case in favour of the plaintiffs and that they would suffer irreparable damage in case any interim order is not given in their favour. In view of the submissions made on behalf of the ld. Senior Counsels for the plaintiffs and averments made in the application, the defendants are restrained from alienating the aforementioned properties, which were offered as collateral in terms of the Settlement Agreement. However, it is made clear that this order is subject to the plaintiffs depositing the requisite court fees within a period of six weeks, as granted by this Court, otherwise this order shall automatically stand vacated.
20. Issue notice to the defendants.
21. Further, the defendants are also directed to disclose individually on affidavit in terms of Form 16 A, Order XXI Rule 41 (2) to give the details of their asset.
22. List before the Joint Registrar on 17.11.2022.
MINI PUSHKARNA, J AUGUST 18, 2022 au Signature Not Verified Digitally Signed By:PREETI Signing Date:25.08.2022 11:47:53