Delhi High Court - Orders
Bdr Buildtech Pvt. Ltd vs Mahamaya Exports Pvt.Ltd on 16 January, 2019
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 9/2019 & I.A. No. 571/2019
BDR BUILDTECH PVT. LTD ..... Decree Holder
Through: Mr. Sanjay Goswami, Adv
versus
MAHAMAYA EXPORTS PVT.LTD. ..... Judgment Debtor
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 16.01.2019
1. Mr. Goswami, who, appears for the decree holder, says that there has been no challenge laid by the judgment debtor to the award dated 06.07.2018.
2. Mr. Goswami says that to date he has not received any notice of a petition preferred by the judgment debtor under Section 34 of the Arbitration and Conciliation Act, 1996 („Act‟) even though in the earlier proceedings initiated by the decree holder under Section 9 of the Act, such a suggestion was made by the judgment debtor.
3. I am told by Mr. Goswami that the Allahabad Bank having its branch at M-55, Old Ishwar Nagar, New Friends Colony, New Delhi, in its capacity as the mortgagee of an immovable property owned by the judgment debtor had put the same to sale and the bid amount received against the said property was in excess of the amount owed to it.
OMP (ENF.) (COMM.) 9/2019 page 1 of 4 3.1 This property, according to Mr. Goswami is situate in Village
Kadarpur, Tehsil Sohna, Haryana, and admeasures 14.025 acres. 3.2 According to Mr. Goswami, this property forms part of Urban Sector i.e. Urban Sector-63A, situate in Gurgaon, Haryana, Urban Complex, Haryana (hereafter referred to as "subject property").
4. Mr. Goswami, thus, seeks issuance of a direction to the Allahabad Bank to the effect that if any surplus money is received upon sale of the subject property, the same should be deposited in this Court.
5. Mr. Goswami also draws my attention in support of his plea, to the order dated 27.07.2018, passed in OMP (I) 9/2018. 6 This is an order whereby the Court at that stage had directed the Allahabad Bank, arrayed as respondent no. 4 in those proceedings, that it should deposit the excess amount with the Registry of this Court.
7. It appears from the record that the said petition was, however, disposed of vide order dated 03.12.2018 with the following relevant observations were made:-
"6. By an order dated 27.07.2018 this Court had directed as under:-
"It is directed that the petitioner shall be entitled to participate in the auction being conducted by respondent no.4. It is further directed that in case the respondent no.4 receives an amount in excess of its claim in the said auction, the excess amount shall be deposited by respondent no. 4 with the Registry of this Court within a period of three weeks of receiving OMP (ENF.) (COMM.) 9/2019 page 2 of 4 the said amount. The deposit shall abide by any order being passed on petition(s) filed by the petitioner or respondent nos. 1 to 3 as the case may be. In case the petitioner is the successful party in the auction, the petitioner shall have the liberty to approach this Court for seeking modification of this order without prejudice to the conditions of the auction"
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11. In view of the above, the order dated 27.07.2018 passed by this Court in the present petition is directed to continue for a further period of eight weeks from today subject to any further order being passed on appropriate proceedings being taken by the petitioner or the respondents as the case may be. It is again clarified that this present order would not in any manner affect the rights of the respondent no.4 arising out of the auction proceedings.
12. The petition is disposed of with the above directions, with no order as to cost."
8. Given the aforesaid position, it is not clear as to whether the Allahabad Bank has been able to auction the subject property.
9. Therefore, at this stage, the only limited direction that can be issued is that if the Allahabad Bank has sold the subject property and thereafter received money in excess of its dues and if such money OMP (ENF.) (COMM.) 9/2019 page 3 of 4 presently available with it, it will hold the same till further orders of the Court. It is ordered accordingly.
10. Issue notice to the judgment debtor.
11. In addition, service be effected via private mode as well.
12. Renotify the matter on 08.05.2019.
13. The decree holder will be at liberty to serve a copy of this order on Allahabad Bank as well.
14. Dasti.
RAJIV SHAKDHER, J
JANUARY 16, 2019
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OMP (ENF.) (COMM.) 9/2019 page 4 of 4