Delhi High Court - Orders
Vistra Itcl (India) Limited vs Pranav Ansal & Anr on 13 January, 2021
Author: Talwant Singh
Bench: Talwant Singh
$~S-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(ENF)(COMM) 116/2019, E.A.2/2020, E.A.1080/2020 &
E.A.1151/2020
VISTRA ITCL (INDIA) LIMITED ..... Petitioner
Through: Ms. Pooja M. Saigal with Mr.
Shantanu Chaturvedi and Mr. Amit
Yadav, Advocates
versus
PRANAV ANSAL & ANR. ..... Respondents
Through: Mr. Sujoy Datta and Ms. Sakshi
Singh for Judgment Debtor -1.
Mr. Vijay Nair, Mr. Manoranjan
Sharma, Mr. Shubham Paliwal and
Ms. Sakshi Kapoor, Advocates for
Judgment Debtor -2.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 13.01.2021 The present matter has been taken-up for hearing by way of Video Conferencing on account of COVID-19.
E.A.1080/2020This is an application filed by the Decree Holder (D H) under Order XXI Rule 12,13, 30, 41, 46, 46A r/w Section 151 CPC seeking necessary directions against Judgment Debtor (J D) No.1.
In sum and substance, it has been prayed that the appropriate direction for attachment and sale of immovable assets, Bank Accounts, Investment of Shares and other securities and direct Garnishee notices be O.M.P.(ENF)(COMM) 116/2019 Page 1 issued to entities/persons listed in Document-1 in respect of Judgment Debtor No.1.
It has been submitted that despite a restrain order in force, the J D No.1 is dealing with movable properties to the detriment of the DH. Attention of the court and learned senior counsel for JD No.1 was drawn to details of large withdrawals made by Mr. Ansal.
In para no.15 of the the application, details of cash withdrawals from Kotak Mahindra Bank totaling to Rs.9,15,000/- for the period 04.05.2018 to 20.08.2019 are shown; which I presume to be for personal expense of Mr. Pranav Ansal. Thereafter details have been given of some payments to Mr. Ayush Ansal S/o Pranav Ansal totaling to Rs.15,66,345/- from 21.05.2018 to 28.01.2019. Again, the Court takes note that such withdrawals might have been made to meet the day-to-day expenses of the son of Mr. Pranav Ansal and similarly, the transfers made to Ms. Anushka Ansal daughter of Pranav Ansal amounting to Rs.15,96,253/- are taken note of. However, no tangible and sufficient explanation has been given as far as the payments made to Ms. Sheetal Ansal totaling to Rs.1,52,50,000/- and payments at item No. 34 to 37 to Ansal University, Charanjiv Charitable Trust and Pranav Ansal & Son (HUF) totaling to Rs.1,97,50,000/-.
It has been submitted on behalf of JD No.1 that the payment made to Ms. Sheetal Ansal are the repayment of certain loan taken from her in the past and the payments made to Ansal University and Charajiv Charitable Trust as well as to Pranav Ansal and Son (HUF) are in the normal course of business.
The Court is unable to appreciate these submissions/explanations made on behalf of Mr. Pranav Ansal. It appears that in spite of there being O.M.P.(ENF)(COMM) 116/2019 Page 2 restrain orders passed by the court firstly on 01.05.2018 in OMP (I) Comm No. 195/2018, then in final award dated 25.03.2019 and followed by the order dated 19.07.2019 passed in the present execution proceedings, Mr. Pranav Ansal has apparently failed to comply with the said directions issued by the learned Arbitrator and this Court.
In view of the above, this Court has no other option but to observe that Judgment Debtor No. 1 has deliberately and willingly violated the restraining orders passed against him.
Accordingly, Judgment Debtor No. 1 is restrained from disposing of, alienating, encumbering either directly or indirectly or otherwise parting with the possession of any assets (movable or immovable), except only for payment of salaries and statutory dues till the next date of hearing. Judgment debtor No.1 shall disclose the expenses incurred towards the payment of salaries and statutory dues made after today on an affidavit before the next date of hearing. Judgment debtor No.1 is further restrained from leaving the country without permission of this Court.
Judgment Debtor No. 1 is directed to give full particulars of Garnishees, who form part of his detailed affidavit alongwith the persons responsible to comply with the Garnishee order, if any, to be passed by this court on the next date of hearing. Compliance be made in four weeks.
List this matter for arguments on 10.05.2021.
In the meantime, if the parties are interested to negotiate a settlement, they may do so.
TALWANT SINGH, J
O.M.P.(ENF)(COMM) 116/2019 Page 3
JANUARY 13, 2021
mr
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O.M.P.(ENF)(COMM) 116/2019 Page 4