Delhi High Court - Orders
Sh. Rakesh Kumar Sood vs Office Of Assistant Collector ... on 16 October, 2023
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13639/2023
SH. RAKESH KUMAR SOOD ..... Petitioner
Through: Mr. Nanjoo Ganpathy, Sr. Advocate
with Mr. Aman Sharma, Mr. Raghav
Sood and Mr. Tarun Mehra,
Advocates.
versus
OFFICE OF ASSISTANT COLLECTOR GRADE-I/II & ORS.
..... Respondents
Through: Mr. Raghvendra Upadhyay, Ms.
Purnima Jain and Mr. Vaibhav
Tripathi, Advocates for R-1 and 3.
Mr. R.K. Dhawan, Standing Counsel
for DDA/R-4 with Ms. Nisha
Dhawan, Mr. V.K. Teng and Ms.
Shivani Taneja, Advocates for R-4.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 16.10.2023 CM APPL. 53835/2023 (Exemption) Allowed, subject to all just exceptions.
W.P.(C) 13639/2023 & CM APPL. 53834/2023
1. The Petitioner has challenged the Attachment Warrant Order dated 19.09.2023 issued by Respondent No.1 for attachment and sale of Shed No.48 A, Okhla Industrial Area, Phase-II, New Delhi-110020 for recovering a sum of Rs.30 lakhs.
This is a digitally signed order.
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2. It is stated by learned Senior Counsel for the Petitioner that the Petitioner is a bonafide purchaser of the property and purchased the same in the year 1993. He states though the property initially stood in favour of the M/s Sawhney Enterprises through its trustee Bhisham Sahni, the property was thereafter sold to one Yogindera Sood and thereafter to the Petitioner, who purchased the property is running a unit from the said property, namely, M/s RefAir India Pvt. Ltd.
3. Learned Senior Counsel for the Petitioner states that the Warrant of Attachment has been issued in the name of M/s Sandeep Trades through M L Gupta, who has nothing to do with the property in question.
4. Issue notice.
5. Learned Counsels for the Respondents, accept notice.
6. Replies be filed by Respondents No.1 to 3 before the next date of hearing.
7. Since the Petitioner has made out a prima facie case showing the chain of documents that the property never belonged to M/s Sandeep Trades or M L Gupta, the impugned Warrant of Attachment shall remain stayed till the next date of hearing.
8. List 21.02.2024.
SUBRAMONIUM PRASAD, J OCTOBER 16, 2023 hsk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/10/2023 at 21:45:59