Delhi High Court - Orders
M/S Ambawatta Buildwell Pvt Ltd vs Imperia Structure Limited & Ors on 19 February, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 40/2021 and EX.APPL.(OS) 781/2021, EX.APPL.(OS)
1353/2021, EX.APPL.(OS) 222/2022, EX.APPL.(OS) 2945/2022
EX.APPL.(OS) 2946/2022, EX.APPL.(OS) 3583/2022,
EX.APPL.(OS) 820/2023
M/S AMBAWATTA BUILDWELL PVT LTD ..... Decree Holder
Through: Mr. Pradeep Dhingra, Mr. Pradeep
Kumar, Mr. Archit Relan, Mr. Nikhil
Joshi, Advocates.
versus
IMPERIA STRUCTURE LIMITED & ORS ...... Judgement Debtors
Through: Mr. P.S. Bindra, Senior Advocate
with Mr. Tushar Sharma, Mr.
Mohammad Faizan, Mr. Sidharth
Pandey, Mr. Akshay Jain and Mr.
Prajwal Chaturvedi, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 19.02.2024 Mr. Pradeep Dhingra, learned counsel appearing for the decree- holder presses for further proceedings in the present matter.
2. Mr. P.S. Bindra, learned senior counsel appearing for the judgment-
debtors submits that RFA (OS) (COMM) No. 37/2019 is pending against the judgment and decree, and is listed next before the Division Bench on 18.07.2024.
3. Senior counsel further submits that the execution petitioner's interests are protected by way of title/other documents filed by the judgment- debtors under cover of affidavit dated 07.12.2022.
EX.P. 40/2021 Page 1 of 2This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 20:31:31
4. Mr. Dhingra submits that, the title documents filed do not relate to the judgment-debtors and are therefore of no use, much less in securing the decretal amount. Mr. Dhingra also submits that, the judgment- debtors have still not filed affidavits of their respective assets, as was directed vide order dated 04.06.2021.
5. Mr. Bindra submits that the affidavits have been filed. However, they appear not to be traceable on record.
6. In view of the above, let affidavits of assets be filed by each of the judgment-debtors, if not already done so.
7. Furthermore, let an affidavit be filed on behalf of judgment-debtor No. 1, clarifying the manner in which judgment-debtor No.1 holds any rights, titles or interests in the properties, documents relating to which have been filed under cover of affidavit dated 07.12.2022; with copies to the opposing counsel.
8. Re-notify on 14th May 2024.
ANUP JAIRAM BHAMBHANI, J FEBRUARY 19, 2024/uj EX.P. 40/2021 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 20:31:31