Delhi High Court - Orders
Bdr Builders & Developers Pvt. Ltd. & Anr vs Nirmala Modi on 15 March, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
EX.APPL.(OS) 3868/2022, & O.A. 85/2022 IN
+ EX.P. 72/2017 (Disposed off case)
BDR BUILDERS & DEVELOPERS PVT. LTD.
& ANR. ..... Decree Holders
Through: Mr. Harsh Sethi, Ms. Diksha
Goswami, Advocates with Mr. Rajesh
Gupta, Mr. Shreyansh Gupta,
directors.
versus
NIRMALA MODI ..... Judgement Debtor
Through: Mr. Kirti Uppal, Sr. Advocate with
Mr. Praveen Bhati, Mr. Himanshu
Bidhuri, Ms. Riya Gulati, Advocates.
Mr. Akhil Sachar, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.03.2023
1. By the order dated 23.11.2022, it was recorded as follows:
"1. Issue notice. Mr. Harsh Sethi, learned counsel, accepts notice on behalf of the decree holders.
2. Mr. Kirti Uppal, leamed Senior Counsel for the appellant-judgment debtor, states at the outset that the judgment debtor has no objection to execution and registration of the sale deed in favour of both the decree holder companies and will abide by the directions of the Court in this respect. However, in view of a dispute between the shareholders of the two companies, which has been alluded to inter alia in the order of the learned Joint Registrar (Judicial) dated 18.11.2019, the judgment debtor is apprehensive that execution of the sale deed will not lead to her complete discharge from the award under execution.
3. Mr. Harsh Sethi, leamed counsel for the decree holders, submits that regardless of the disputes between the parties, both the decree holder Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.03.2023 13:22:57 EX.P. 72/2017 Page 1 of 3 companies are agreeable to execution of the sale deed in terms of the draft sale deed filed before the Court on 31.01.2019 under Diary No. 112102. He states that both the decree holder companies are private limited companies, in the control of the same family. Mr. Sethi submits that the directors of M/s BDR Builders & Developers Pvt. Ltd. are one Mr. Dinesh Gupta and his son Mr. Shreyansh Gupta, and the directors of M/s BDR Buildtech Pvt. Ltd. are Mr. Rajesh Gupta and his son Mr. Shashank Gupta. He states that all four directors will file affidavits or remain present before the Court on the next date of hearing to signify their consent to the aforesaid arrangement.
4. It is made clear that these proceedings are not intended to decide the disputes between the two decree holder companies or their directors and shareholders inter se but only to ensure that the registration of the sale deed is accepted by both the decree holder companies in satisfaction of the award.
5. List on the date fixed i.e. 09.01.2023."
2. The Directors of M/s BDR Buildtech Pvt. Ltd. namely Mr. Rajesh Gupta and his son Mr. Shashank Gupta, have since filed affidavits confirming the arrangement, contemplated in the said order.
3. The directors of M/s BDR Builders & Developers Pvt. Ltd., namely Mr. Dinesh Gupta and his son Mr. Shreyansh Gupta have not filed the requisite affidavits. They were also not present before the Court on 09.01.2022, when they were again directed to remain present in Court on the next date of hearing.
4. Mr. Dinesh Gupta and Mr. Shreyansh Gupta were present in Court this morning. The matter was mentioned at the rising of Court before lunch, when I was informed that they are in some personal difficulty, and need to leave the Court. They were directed to remain present in Court until 2:30 PM for recording of their statements. When the Court has re-assembled after lunch, they are, however, not present in Court. The affidavits in terms of the order dated 23.12.2022, have also not been filed on their behalf.
5. It is stated by Mr. Akhil Sachar, learned counsel for Mr. Dinesh Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.03.2023 13:22:57 EX.P. 72/2017 Page 2 of 3 Gupta and Mr. Shreyansh Gupta, that there was a medical emergency in their family at lunch time for which reason they left the Court. He also states that the aforesaid two directors of M/s BDR Builders and Developers Pvt. Ltd. and the company have no objection to the execution and registration of the sale deed in favour of both the decree holder companies, as contemplated by order dated 23.12.2022.
6. Mr. Harsh Sethi, learned counsel for the decree holders and Mr. Sachar also agree that the conveyance deed to be executed by the judgment debtor will be signed by one of the directors of each of the decree holder companies on behalf of the companies in question.
7. I find that the absence of Mr. Dinesh Gupta and Mr. Shreyansh Gupta now necessitates an adjournment as it is not possible to record their statements in the above terms.
8. List on 10.04.2023, subject to payment of costs of Rs.25,000/-, to be deposited by each of them with the Delhi High Court Advocates Welfare Trust within three days from today.
9. Mr. Sachar undertakes that the aforesaid two persons will remain personally present in the Court on the next date of hearing. They are bound down to their undertaking. Their failure to appear on the next date of hearing may lead to coercive measures being taken to secure their presence.
PRATEEK JALAN, J MARCH 15, 2023 "Bhupi"/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.03.2023 13:22:57 EX.P. 72/2017 Page 3 of 3