Sanjay Puri Through Lrs vs Priti Suri And Ors on 6 July, 2022

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Delhi High Court - Orders

Sanjay Puri Through Lrs vs Priti Suri And Ors on 6 July, 2022

Bench: V. Kameswar Rao

                              $~9
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     EX.P. 70/2020, EX. APPLs.(OS) 1183/2020, 351-352/2021,
                                    1001/2021, 1089/2021, 1352/2021, 2827/2022 & 3034/2022
                                    SANJAY PURI THROUGH LRS
                                                                                   ..... Decree Holder
                                                       Through: Mr. G.S. Raghav, Mr. Dashrath
                                                                 Raghav and Ms. Aruna Raghav,
                                                                 Advs.
                                                versus

                                    PRITI SURI AND ORS.
                                                                                     ..... Judgment Debtors
                                                       Through:     Mr. Ajit Dayal and Ms. Meenakshi
                                                                    Joshi, Advs. for JD-1 and JD-2
                                                                    Mr. Neeraj Grover and Mr. Kashish
                                                                    Sethi, Advs. for JD, Munjaal Botique
                                                                    House Pvt. Ltd.
                                                                    Mr. Samrat Nigam and Mr. Satyam
                                                                    Sabharwal, Advs. for Applicant in
                                                                    (EX.APPL. (OS) 3034/2022)
                                    CORAM:
                                    HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                 ORDER

% 06.07.2022

1. On May 17, 2022 this Court had passed the following order:

"1. Learned counsel appearing for judgment debtors under instructions from Mr. B.K. Dhingra, Director of Munjaal Botique Homes Pvt. Ltd. undertakes that they shall pay a sum of Rs.1 crore by 31.05.2022 and a further sum of Rs.70 lakhs by 15.06.2022 towards satisfaction of decree.

2. The undertaking is accepted.

3. List for further directions on 06.07.2022.

Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:08.07.2022 19:30:08

4. It is agreed between the parties that on payment of Rs.1,70,00,000/- as per the above undertaking, the decree shall stand satisfied."

2. Mr. G.S. Raghav, learned counsel appearing for the decree holder states despite undertaking the complete amount of ₹1,70,00,000/- has not been paid. Mr. Grover attempted to give some justification for not paying the amount of balance ₹12.5 Lacs. He states that since there is an undertaking by M/s Munjaal Botique House Pvt. Ltd., the balance amount of ₹12.5 Lacs shall be paid. He has handed over two cheques of ₹12.5 Lacs in the name of the legal heirs of Sanjay Puri decree holder.

3. Mr. Nigam states that he has filed an application being EX.APPL. (OS) 3034/2022 in this Court with the following prayers:

"In the facts and circumstances mentioned hereinabove and in the interest of justice, it is humbly prayed that this Hon‟ble Court may kindly be pleased to:

i. All this application and Issue appropriate directions for attachment of the subject property i.e B-21, West End, Diplomatic Enclave Extension, New Delhi-110021 and prohibit the Judgment debtor and M/S Munjaal Boutique Homes Private Limited from transferring or charging the property in anyway, and all persons from taking any benefit from such transfer or charge, ii. In the alternative and without any prejudice to the Rights of the Applicant, all Order passed in Ex.P 70 /2020 shall be subject to all Orders in CS(OS) 66 / 2021 & CS(OS) 1455 / 2005 [Suits for specific performance filed Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:08.07.2022 19:30:08 by the Applicant], iii. In the alternative and without any prejudice to the Rights of the Applicant, adjourn the instant proceedings sine die till the time CS(OS) 66 / 2021 & CS(OS) 1455 / 2005 [Suits for specific performance filed by the Applicant] are adjudicated and decided, iv. To maintain status quo with respect to the proceeds connected with the subject property i.e B-21, West End, Diplomatic Enclave Extension, New Delhi- 110021, v. Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

4. He states that the applicant in the above application has also filed the substantive suit being CS(OS) 66/2021 which is pending consideration. He also states that the execution petition may not be disposed of and his application be considered.

5. Mr. Ajit Dayal, learned counsel appearing for the judgment debtor Nos.1 and 2 states that he has also filed an application for recall of consent decree dated February 4, 2020.

6. At this stage, learned counsel for the parties state that the proceedings be adjourned by three weeks.

7. Noting the said submission, re-notify on August 18, 2022.

8. The order dated December 7, 2020 as modified on January 28, 2021 and also on March 16, 2021 shall continue till the next date of hearing.

V. KAMESWAR RAO, J.

JULY 6, 2022/aky Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:08.07.2022 19:30:08

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Delhi High Court - Orders