Delhi High Court - Orders
Ashok Garg vs Renu Bhandari & Anr on 6 May, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 44/2018, EA 184/2018(Ex-parte order), EA 144/2019(u/s 151
CPC), EA 579/2020(u/s 151 CPC), EA 592/2020(u/s 151 CPC), EA
971/2021(directions) & EA 1398/2021(directions)
ASHOK GARG ..... Decree Holder
Through: Mr. Jitender Chaudhary, Advocate.
versus
RENU BHANDARI & ANR ..... Judgement Debtors
Through: Mr. S. Krishanan, Advocate.
Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Advocate for L&DO.
Mr. Harish Kumar Sharma, Local
Commissioner/Auctioneer.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 06.05.2022
EA2879/2022(u/s 151 CPC)
1. This application has been filed on behalf of the Local
Commissioner/Court Auctioneer seeking the following directions.
"A. Allow the present application;
B. Direct the Registry of this Hon'ble Court to deposit the
TDS of 20,40,000.00/- as per rules and provide the receipt of the same to Auction Purchaser Sh. Ashok Garg.
C. Direct the JD No.1 and 2 Mrs. Renu Bhandari and Sh. Suman Bhandari to pay the penalty amount pertaining to share of JD No.1 and 2 in favor of Land and Development office in Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:09.05.2022 12:01:28 terms of attached Document No.1 and submit the NOC from L&DO before this Hon'ble Court.
D. Direct the JD No.1 and 2 to pay the penalty amount pertaining to JD No.1 and 2 in favor of MCD in terms of attached Document No.2 and submit the NOC before this Hon'ble Court.
E. Direct the JD No.1 and 2 to make the payment regarding the security guard charges in favor of Decree Holder in terms of calculation attached as Document No.3.
F. Direct the Judgment No.1 and 2 to submit the NOC with regards to DJB and BSES dues till 04.03.2022.
G. Any other relief as this Hon'ble Court may deem fit just and proper according to the facts and circumstances of the present case."
2. Along with the said application, the Local Commissioner/Court Auctioneer has filed a table showing the apportionment of the penalty/damages levied by the Land & Development Office (L&DO) between the decree holder and the judgment debtors. It is not disputed that in terms of the aforesaid apportionment, a sum of Rs.6,50,15,520/- is to the share of the judgment debtors. The breach notice dated 16th March, 2021 and the demand notice dated 17th November, 2021, issued by the L&DO is also a part of the Court Record.
3. Insofar as prayer (B) is concerned, the counsel for the judgment debtors has no objection if the aforesaid amount is released.
4. Registry is directed to deposit the TDS of Rs.20,40,000/- on behalf of the auction purchaser Ashok Garg and provide a receipt to him in this regard. The interest, if any, levied by the Income Tax Department on the Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:09.05.2022 12:01:28 aforesaid amount shall also be recovered from the purchase consideration deposited by the auction purchaser before this Court.
5. Insofar as the prayer (D) is concerned, counsel for the judgment debtors no.1 and 2 undertakes to pay outstanding amount to the North Delhi Municipal Corporation (NDMC) and file before this Court an NOC from the NDMC within 15 days from today.
6. Insofar the prayer (E) is concerned, counsel for the judgment debtors no. 1 and 2 submits that the sum of Rs.3,71,110/- falling to the share of the judgment debtors shall be paid to the decree holder within 15 days from today.
7. Insofar as the prayer (F) is concerned, counsel for the judgment debtors submits that he shall submit an NOC from Delhi Jal Board (DJB) and BSES Yamuna Power Limited for dues up till 4th March, 2022 within 15 days from today.
8. Insofar as the prayer (C) is concerned, counsel for the judgment debtors requests that 15 days' time be granted to him to get the liability towards the L&DO reduced from the L&DO. He undertakes that in the event he is unable to get the liability reduced within a period of 15 days from today, he will have no objection to the amounts payable in terms of the Report of the Local Commissioner, being released from the purchase consideration deposited before this Court to the L&DO.
9. List on 27th May, 2022.
AMIT BANSAL, J MAY 6, 2022 Sakshi R. Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:09.05.2022 12:01:28