Delhi High Court - Orders
Mrs. Rekha Tanwar vs Mr. Gaganmeet Singh & Ors on 18 April, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 172/2023
MRS. REKHA TANWAR ..... Plaintiff
Through: Dr. Sarbjit Sharma, Dr. Sumit
Sharma, Mr. Vaneet Raizada &
Ms. Rudrakshi Gautam,
Advocates. [M:-9810009104]
versus
MR. GAGANMEET SINGH & ORS. ..... Defendants
Through: Mr. Nikhil Kohli, Mr. Gaurav
Gupta & Ms. Akshaya Ganpath,
Advocates for D-1 to 3. [M:-
9711767111].
Mr. Vijay Kasana & Mr. Sunil
Chaudhary, Advocates for D-4, 6
& 7.
Mr. R.K. Sachdeva, Advocate for
D-5.
Mr. Madhur Mahajan, Advocate
for D-8. [M:-9953849748]
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 18.04.2023 I.A. 4757/2023(Application on behalf of the plaintiff under Order XXXIX Rule 1 and 2 for interim directions)
1. The plaintiff has filed the present suit for decree of specific performance pursuant to a sale deed dated 09.12.2022 in respect of the Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:20.04.2023 11:14:33 CS(OS) 172/2023 Page 1 of 3 third floor and terrace of the property No. C6/68B, Safdarjung Development Area, New Delhi ["suit property"].
2. Mr. Gaurav Gupta, learned counsel, enters appearance on behalf of defendant Nos. 1, 2 and 3. Mr. Vijay Kasana, learned counsel, enters appearance on behalf of defendant Nos. 4, 6 and 7. Mr. R.K. Sachdeva, learned counsel, enters appearance on behalf of defendant No. 5 and Mr. Madhur Mahajan, learned counsel, enters appearance on behalf of defendant No. 8.
3. Learned counsel for the defendants seek time to file replies to the application. They have also raised certain preliminary objections to the maintainability of the present suit.
4. For the present, Dr. Sarbjit Sharma, learned counsel for the plaintiff, seeks an order of status quo with respect to title and possession of the part of the third floor and terrace of the suit property, purchased by the plaintiff under the said sale deed. He has drawn my attention to an agreement to sell dated 30.04.2022, whereby defendant Nos. 1 and 2 [through their constituted attorney, being defendant No. 3] agreed to sell the aforesaid portion of the suit property to the plaintiff's husband. A general power of attorney dated 05.07.2022 was also executed by them in favour of the plaintiff's husband. Acting as their constituted attorney, the plaintiff's husband executed a sale deed dated 09.12.2022 in favour of the plaintiff. The plaintiff has also placed on record receipts amounting to ₹4 crores in respect of the aforesaid transaction.
5. Mr. Gaurav Gupta, learned counsel for the defendant Nos. 1 to 3, has drawn my attention to an order of the National Company Law Tribunal ["NCLT"] dated 30.12.2022 in proceedings instituted against Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:20.04.2023 11:14:33 CS(OS) 172/2023 Page 2 of 3 one M/s Beoworld Private Limited, of which the defendant Nos. 1, 2 and 3 are the ex-management. By virtue of the said ad interim order, the NCLT has restrained the registration of any instrument with regard to the suit property. Although Mr. Gupta states that the defendant Nos. 1, 2 and 3 herein are contesting the continuation of the said injunction before the NCLT, he states that during the pendency of the present application, the defendants will maintain status quo in all respects over the third floor and terrace of the suit property, over which the plaintiff asserts a claim. Learned counsel for other defendants state that their clients also agree to such an order, without prejudice to their contentions on the maintainability and the merits which will be adjudicated after completion of pleadings.
6. The defendants are bound down to their statements recorded above until the disposal of the present application.
7. Replies to the application may be filed within four weeks. Rejoinder thereto, if any, may be filed within two weeks thereafter.
8. The present order will not prejudice the rights and contentions of the parties before the NCLT.
CS(OS) 172/2023
1. List before the learned Joint Registrar on the date fixed i.e. 22.05.2023 for completion of pleadings, admission/denial of documents and marking of exhibits.
2. List before the Court on 08.08.2023.
PRATEEK JALAN, J APRIL 18, 2023/"pv"/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:20.04.2023 11:14:33 CS(OS) 172/2023 Page 3 of 3