Delhi High Court - Orders
Shri Kranti Arora vs Union Of India And Ors on 26 June, 2020
Author: Prateek Jalan
Bench: Chief Justice, Prateek Jalan
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10273/2019
SHRI KRANTI ARORA ..... Petitioner
Through: Mr.Rajiv Dutta, Sr.Adv. with
Mr.Siddharth Dutta, Mr.Rahul Rajan, Advs.
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Rajesh Gogna, CGSC with
Mr.Akshay, Adv. for R-1.
Mr.Sanjiv Jha, Adv. for respondent No.4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 26.06.2020 The proceedings in the matter have been conducted through video conferencing C.M.No.13484/2020 (directions)
1. This application has been preferred with the following prayers:-
"a) Pass necessary directions for staying the execution of the Resolution Plan dated 12.02.2020 which was approved vide order dated 27.05.2020 by the Hon'ble Adjudicating Authority, NCLT, Ahmedabad, with regards to M/s. Digjam Ltd. i.e. Respondent No. 4 herein, in the I.A. No. 144/19 in CP (LB.) No. 594/NCLT/AHM/2018 titled as "Sunil Kumar Agarwal RP of Digjam Ltd. V. Suspended Board of Directors of Digjam Ltd. & Drs."
2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that a Division Bench of this Court has already passed an order dated 31.08.2018 in RFA(OS) No.7/2011 in favour of the applicant. For ready reference, the said order is reproduced W.P.(C) No.10273/2019 Page 1 of 3 hereunder:-
"Issue Notice. Counsel for the respondent accepts notice. By the present application, the applicant/appellant seeks restraint against the respondent from entering into any sale agreement, parting with possession or creating third party interest in the Flat bearing No.l2, situated at 3-4, Rajesh Pilot lane (erstwhile South End Lane), New Delhi till final disposal of the appeal.
Mr.Sanjiv Kumar Jha, counsel for the respondent, who enters appearance on an advance copy, submits that the allegations made in the application are misconceived and unfounded. It is contended that the respondent had entered into a settlement with an illegal occupant in the flat and post the settlement the respondent is in actual physical settled possession. He submits that the allegations so made are without any basis. The respondent has no intention to sell or part with possession or create third party interest in the flat, in question.
Binding the respondent to the statement made by the counsel for the respondent in Court today, the application is disposed of."
(emphasis supplied)
3. In view of the aforesaid order, which is binding on the parties, and in view of the fact that no application for modification of the order has been preferred by the respondents, the protection has already been given by this Court to the applicant.
4. We, therefore, see no reason to entertain this application at this stage. Moreover, the order under challenge in this application is passed by National Company Law Tribunal, Ahmedabad which is an appealable order before National Company Law Appellate Tribunal.
5. In view of these facts, this application is hereby dismissed. Nonetheless, liberty is reserved with this applicant to approach this Court in W.P.(C) No.10273/2019 Page 2 of 3 case of any difficulty or for expediting the final hearing in RFA(OS) No.7/2011.
6. A copy of the Resolution Plan dated 12.02.2020 passed by the Adjudicating Authority, NCLT, Ahmedabad vide order dated 27.05.2020 with regards to M/s Digjam Ltd., as mentioned in the application, shall be supplied to the petitioner by the respondents.
CHIEF JUSTICE PRATEEK JALAN, J JUNE 26, 2020 'anb' W.P.(C) No.10273/2019 Page 3 of 3