Delhi High Court - Orders
Krishan Kumar Wadhwa & Ors vs Arjun Som Dutt & Ors on 23 September, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 61/2018 & EX.APPLs.(OS) 272/2018, 306/2018 & 360/2020
KRISHAN KUMAR WADHWA & ORS. ..... Decree Holders
Through: Mr. Samar Bansal, Advocate.
versus
ARJUN SOM DUTT & ORS. ..... Judgement Debtors
Through: Ms. Divya Bhalla and Ms. Aathira
Pillai, Advocates for JD-2 & 4.
Mr. Bharat Beriwal, Advocate for
JD-1.
Mr. Dhruv Mohan, Advocate for
JD-3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.09.2021
1. The decree in favour of the Decree Holder is for an amount of Rs. 7 Crores approximately. Against the said decree, so far only an amount of Rs. 3,04,37,500/- has been received by the Decree Holder.
2. Earlier, the Judgment Debtor had raised a plea that the decree is not a joint and several decree. That issue was decided against the Judgment Debtor vide order dated 8th July, 2021. A challenge to the said order has also been rejected by the Division Bench of this Court in EFA (OS) 6/2021 vide order dated 1st September, 2021.
3. In these circumstances, following directions are issued:
i) The bank accounts of the Judgment Debtors, as per details below, are attached.
Judgment Debtor Bank Accounts Disclosed Judgment Debtor No.1 Saving Account No. 10015129231 in IDFC Bank,
- Arjun Somdutt Defence Colony Branch, New Delhi Saving Account No. 051181956006 in HSBC Bank, Barakhamba Road, New Delhi Saving Account No. 30992371223 in SBI Bank (Branch not disclosed) Kotak Mahindra Account No. 01760120003729 (Branch not disclosed) Judgment Debtor No.2 SBI Savings Bank Account No. 20112780711 - New
- Vivaan Somdutt Friends Colony Branch Standard Chartered Bank Account No. 52410327952 in Chanakyapuri Branch (purportedly closed on 19.10.2018) Judgment Debtor No.3 Standard Chartered Bank Account No. 54410487891
- Pritha Somdutt in New Friends Colony Branch, New Delhi SBI Bank Account No. 10484960248, Friends Colony Branch, New Delhi Judgment Debtor No.4 Citibank - Savings Bank Account No. 5095300113 -
- Roop Talwar DN Road Branch, Fort, Mumbai - 400001 Citibank - Savings Bank Account No. 5040363019 - Connaught Place Branch, New Delhi - 110001
ii) The Registry is directed to send an intimation to the concerned Branch Manager and direct them to remit the amount lying in the afore-noted bank accounts to this Court.
iii) Further, the fixed deposits in the name of the Judgement Debtors in the respective banks, if any, are also attached. Details thereof, be intimated to the Court.
iv) The respective branch managers are also directed to send an intimation to the Court disclosing the details of the DEMAT Account of the afore-noted account holders, if any.
4. The statement of the bank account of Standard Chartered Bank, Chanakyapuri branch enclosed with the affidavit filed by Judgment Debtor No. 2, reveals that there are transactions for the purchase of mutual funds. The details of the mutual funds holdings of Judgement Debtor No. 2, as furnished by the counsel for the Decree Holder are as follows:
LIST OF COMPANIES IN WHICH JUDGMENT DEBTOR-2, VIVAN SOMDUTT HOLDS MUTUAL FUNDS S.No Mutual Fund Address Reference to JD2's Affidavit(s)
1. Franklin 707-710, 7th Floor, Ashoka Estate, Internal Pg 4 of Templeton 24, Barakhamba Road, New Delhi- Affidavit pursuant to Asset 110 001 Order dt. 10.10.2019 Management / External pg 242 of (India) Pvt. "CPC Affidavits Ltd compiled"
2. ICICI 12th Floor, Narain Manzil Internal Pg 4 of Prudential 23, Barakhamba Road Affidavit pursuant to Asset New Delhi - 110 001 Order dt. 10.10.2019 Management / External pg 242 of Company. "CPC Affidavits compiled"
3. Kotak 2nd Floor, 12-BKC, Plot No C-12, G Internal Pg 4 of Mahindra Block, BKC, Bandra (East), Mumbai Affidavit pursuant to Asset - 400 051 Order dt. 10.10.2019 Management / External pg 242 of Company "CPC Affidavits compiled"
4. SBI Funds 9th Floor-Crescenzo, C-38 & 39- G Internal Pg 4 of Management Block, Bandra-Kurla Complex, Affidavit pursuant to Private Bandra (East) Mumbai - 400051 Order dt. 10.10.2019 Limited / External pg 242 of "CPC Affidavits compiled"
5. Aditya Birla One Indiabulls Centre, Tower 1, 17th Internal Pg 4 of Sun Life Floor, Jupiter Mill Compound, 841, , Affidavit pursuant to AMC Limited Senapati Bapat Marg, Elphinstone Order dt. 10.10.2019 Road, Mumbai, Maharashtra, 400013 / External pg 242 of "CPC Affidavits compiled"
6. Nippon Reliance Centre, 7th Floor,South Internal Pg 4 of Mutual Fund Wing, Off Western Express Affidavit pursuant to (Formerly Highway,, Santacruz (East),, Order dt. 10.10.2019 Reliance MF) MUMBAI, MAHARASHTRA, / External pg 242 of 400710 "CPC Affidavits compiled"
7. DSP Mafatlal Centre, 10th Floor, Nariman Internal Pg 4 of Investment Point, Mumbai, Maharashtra, 400021 Affidavit pursuant to Managers Pvt. Order dt. 10.10.2019 Ltd. / External pg 242 of "CPC Affidavits compiled"
8. IDFC Asset 6th Floor, One World Center, Jupiter Internal Pg 5 of Management Mills Compound, 841, Senapati Affidavit pursuant to Company Bapat Marg, Elphinstone Road Order dt. 10.10.2019 Limited (West), Mumbai, Maharashtra, / External pg 243 of 400013 "CPC Affidavits compiled"
9. Axis Asset 112, 1st Floor, Yusuf Building, Plot Internal Pg 26 of Management No. 49, Veer Nariman Road, Hutatma Affidavit pursuant to Co. Limited Chowk, Fort, Mumbai - 400 001 Order dt. 10.10.2019 / External pg 264 of "CPC Affidavits compiled"
10. BNP Paribas Crescenzo, 7th Floor, G-Block, Internal Pg 26 of Asset Bandra Kurla Complex, Mumbai, Affidavit pursuant to Management Maharashtra, 400051 Order dt. 10.10.2019 India Private / External pg 264 of Limited "CPC Affidavits compiled"
11. Sundaram Sundaram Towers, I & II Floor, 46 Internal Pg 26 of Asset Whites road, Chennai, Tamil Nadu - Affidavit pursuant to Management 600002 Order dt. 10.10.2019 Company / External pg 264 of Limited "CPC Affidavits compiled"
12. L&T 6th Floor, Brindavan, Plot No. 177, Internal Pg 33 of Investment CST Road, Kalina, Santacruz (East), Affidavit pursuant to Management Mumbai, Maharashtra, 400098 Order dt. 10.10.2019 Limited. / External pg 271 of "CPC Affidavits compiled"
13. HDFC Asset HDFC House, 2nd floor, H.T. Parekh Internal Pg 33 of Management Marg, 165-166, Backbay Affidavit pursuant to Company Reclamation, Churchgate, Mumbai, Order dt. 10.10.2019 Limited Maharashtra - 400020 / External pg 271 of "CPC Affidavits compiled"
5. Accordingly, the afore-noted mutual funds in the name of Judgment Debtor No. 2 are attached. The concerned branch managers be sent an intimation to that effect.
6. Further, the Judgment Debtors are directed to file an affidavit vis-à-vis the order dated 10th October, 2019, if not already filed.
7. List on 8th October, 2021.
SANJEEV NARULA, J SEPTEMBER 23, 2021 nk