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Delhi High Court - Orders

M/S India Off Set Printers Pvt Ltd & Anr vs Intech Capital Ltd on 5 July, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                          Signature Not Verified
                                                          Digitally Signed By:DINESH
                                                          SINGH NAYAL
                                                          Signing Date:05.07.2021
                                                          21:15:54


$~A-15 & 16
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       EX.F.A. 3/2020 & CM APPLs. 7447/2020, 850/2021 & 6169/2021
        M/S INDIA OFF SET PRINTERS PVT LTD & ANR..... Appellants
                         Through: Mr. Javed Ahmad, Advocate.

                     versus
        INTECH CAPITAL LTD                              ..... Respondent
                     Through:          Ms. Mallika Ahluwalia and Ms. Rishu
                                       Agarwal,                  Advocates.
                                       (M:9990918352)
                        With
+            EX.F.A. 4/2020 & CM APPLs. 7499 /2020 & 6174/2021
        M/S INDIA OFF SET PRINTERS PVT LTD & ANR..... Appellants
                        Through: Mr. Javed Ahmad, Advocate.
                        versus
        INTECH CAPITAL LTD                         ..... Respondent
                        Through: Ms. Mallika Ahluwalia and Ms. Rishu
                                  Agarwal, Advocates.
        CORAM:
        JUSTICE PRATHIBA M. SINGH
                  ORDER

% 05.07.2021

1. This hearing has been done through video conferencing.

2. These matters have been listed in the typed supplementary list today. Ld. counsel for the Appellant submits that he was informed of the listing just a short while ago, by ld. Counsel for the Respondent.

3. Ms. Ahluwalia, ld. Counsel for the Respondent points out that vide order dated 19th February, 2021, the Appellant was directed to place on record any work-orders for printing of books which they may have received, in order to support their application seeking de-sealing of machinery. However, she submits that the affidavit that has been placed on record is EX.F.A. 3/2020 & EX.F.A. 4/2020 Page 1 of 3 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:05.07.2021 21:15:54 quite cryptic and does not give any details in regard thereto. She, further, submits that the Appellant is in repeated contravention of the orders passed by this Court.

4. Mr. Javed Ahmed, ld. Counsel appearing for the Appellant, however, responds by stating that he would place on record further documents and further particulars of the work-orders that the Appellant has received. He submits that the Appellant has a good intention to satisfy the decree holder, and if he is permitted to use the machinery, the Appellant may be able to generate revenues to be able to pay the entire sum to the Respondents.

5. The order dated 19th February, 2021 is quite clear. The Appellant was clearly directed to place on record any details of work-orders which the Appellant had received. There were directions to file details of any immovable property of the Appellants.

6. Accordingly, the following directions are issued:

i. The affidavit dated 17th March, 2021 states that a work-order has been received by the email dated 19th February, 2021 from the NCERT. Let the said email be placed on record, along with any further documentation which show that the Appellant is receiving concrete work-orders.

ii. All the three Appellants shall also, vide an affidavit, disclose details of any immovable properties or movable properties which they own.

iii. In the meantime, the ld. Counsel for the Appellants shall also obtain instructions as to what would be the monthly payments that they can deposit in a regular manner, so as to enable the Appellants to seek release of the machinery and to commence its business.

7. Let the said affidavits be filed within two weeks. It is made clear that no further opportunity shall be granted to file the said affidavits in terms of the directions above. If the said affidavits are not filed within two weeks, this Court would proceed to hear the matters on the next date.

8. Further during the hearing, Mr. Ahmed, ld. Counsel was directed to seek instructions as to the details and the amounts being paid by the garnishee, as rent for the premises X-36 Okhla, Industrial Area, Phase-II. Upon seeking instructions, Mr. Ahmed, ld. Counsel submits that the premises are on rent with the garnishee, however, the rent has not been paid by the garnishee since August, 2018.

9. Accordingly, issue notice to the garnishee, M/s Sun Graphics at premises bearing no. X-36 Okhla, Industrial Area, Phase-II. Let notice be served to the garnishee by both the parties to this appeal. The said garnishee shall also place on record an affidavit giving the details as to since when it is in occupation of the said premises, in what capacity, rent paid and what is the total payment that has been made till date to the Appellant as also the amount of the monthly rental payment being made for the premises.

10. Let the said affidavit be filed by the garnishee at least one week before the next date of hearing. If the said affidavit is not filed, this Court would be constrained to draw adverse inference and pass further orders.

11. List on 6th August, 2021.

PRATHIBA M. SINGH, J.

JULY 5, 2021 dj/ak EX.F.A. 3/2020 & EX.F.A. 4/2020 Page 3 of 3