Delhi High Court - Orders
Mrs Surjeet Kaur vs Sardar Raja Singh Oberoi & Ors on 5 January, 2022
Author: Asha Menon
Bench: Asha Menon
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 280/2021
MRS SURJEET KAUR ..... Plaintiff
Through Mr.Amit Sibal, Sr. Advocate with Mr.
Thakur Sumit, Advocate.
versus
SARDAR RAJA SINGH OBEROI & ORS. ..... Defendants
Through None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 05.01.2022
[VIA VIDEO CONFERENCING]
I.A. Nos.17375/2021 (of the plaintiff under Order I Rule 10 CPC for impleadment of proposed defendant no.5/Religare Finvest Limited) & 17376/2021 (of the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC for ex-parte ad-interim stay against the proposed defendant No.5/Religare Finvest Limited)
1. These applications have been moved by the applicant/plaintiff seeking impleadment of Religare Finvest Limited (RFL) as defendant No.5 and for interim stay thereagainst.
2. It is submitted by Mr. Amit Sibal, learned senior counsel appearing for the applicant/plaintiff that it was only on the basis of the written statement that the plaintiff has learnt about arbitration proceedings to which the mother of the parties was not a party, and wherein a settlement had supposedly been arrived at amongst the defendants, and subsequent whereto, CS(OS) 280/2021 Page 1 of 2 Signature Not Verified Signed By:MANJEET KAUR Signing Date:05.01.2022 21:35:40 the defendants had allegedly constituted a partnership firm in which the suit property was invested and subsequently the said partnership firm was allegedly converted into a private limited company, which private company had allegedly mortgaged the suit property to the proposed defendant No.5/RFL. It is also submitted that the proposed defendant No.5/RFL has moved the learned CMM Court under Section 14 of the SARFAESI Act, 2002 and an order dated 6th December, 2021 has already been passed directing the receiver to take possession of the suit property being House No. B-47, Greater Kailash-1, New Delhi 110048 on 12th January, 2022. Learned senior counsel submitted that the mother of the parties had 50% share in the suit property, which by the alleged actions of the defendants had been reduced to 20% which was without her consent. The mortgage had also not been created by the mother qua her share. As such, RFL was a necessary party to the suit.
3. Issue notice to the non-applicants/defendants as well as proposed defendant No.5/RFL by all permissible modes including through e-mail returnable on 11th January, 2022.
4. The order be uploaded on the website forthwith.
ASHA MENON, J JANUARY 5, 2022 ck CS(OS) 280/2021 Page 2 of 2 Signature Not Verified Signed By:MANJEET KAUR Signing Date:05.01.2022 21:35:40