Search Results Page

Search Results

1 - 10 of 14 (2.41 seconds)
Documents citing M/S Bhandari Engineers & Builders Pvt ... vs M/S Maharia Raj Joint Venture & Ors on 24 June, 2021

M/S Aez Infratech Pvt Ltd vs M/S Somani Worsted Ltd & Ors on 9 January, 2024

2. This Court vide order dated 21.10.2021 stayed the direction in the impugned order to file an affidavit in compliance with Bhandari Engineers and Builders Pvt. Ltd. (2019) (supra) in view of the subsequent judgment passed by the coordinate Bench of this Court in Delhi Chemical and Pharmaceutical Works Pvt. Ltd. v. Himgiri Realtors Pvt. Ltd. (2021) SCC OnLine Del 3603.
Delhi High Court Cites 6 - Cited by 0 - M P Arora - Full Document

M/S Delhi Chemical And Pharmaceutical ... vs Himgiri Realtors Pvt. Ltd. & Anr. on 5 July, 2021

(ix) the decree holder in the present case was not only well aware of the assets / properties of the judgment debtors, as evident from filing of schedule of the said properties along with Execution Petition but the arbitral award being executed as a decree itself secured the decree holder by EFA (OS)(COMM) No.4/2021 Page 6 of 51 directing the decree holder to deliver possession of the immovable property of the judgment debtors in its possession to the judgment debtors against payment of the awarded amount; that decree holder was thus secure with respect to the recovery of the decretal amount; (x) thus the facts in the present case were very different from the facts of Bhandari Engineers & Builders Pvt. Ltd. supra; Bhandari Engineers & Builders Pvt. Ltd. supra was concerned with difficulties generally faced by decree holders in execution of the decrees; however in the present case, the decree holder was not facing any difficulty inasmuch as, as per the arbitral award having force of a decree, the decree holder was entitled to retain possession of the immovable property of judgment debtors till payment and the decree holder was even otherwise aware of several other properties of the judgment debtors mentioned in the schedule appended to the Execution Petition; (xi) the examination of a judgment debtor under Order XXI Rule 41 is to be resorted to only when the decree holder is not aware of the assets and properties of the judgment debtors; however in the present case the decree holder is not only well aware of the assets and properties of the judgment debtors but had already taken possession of the property of the judgment debtors in terms of the directions in the arbitral award and in accordance wherewith the decree holder is entitled to retain the said possession till realization of the decretal amount; (xii) the value of the property of the judgment debtors in possession of the decree-holder was over Rs.72 crores as against the awarded amount of about Rs.22 crores claimed to be due;
Delhi High Court Cites 66 - Cited by 0 - R S Endlaw - Full Document

Vistra Itcl India Limited vs Ansal Properties And Infrastructures ... on 23 May, 2023

iii. Pass an order directing the attachment of the properties and all other movable / immovable properties, investments, assets, entitlements including all the bank accounts of the Respondent including without limitation incomes from rent receivables and Bank Accounts and its entitlement and or receivables from third parties including from companies, partnership firms in which the Respondent is a shareholder or from trusts in which it is a beneficiary, so as to secure the amounts due and payable by the Respondent to the Petitioner which, as on 31 January 2021 amounts to Rs. 288,22,95,200/- (INR Two Hundred Eighty Eight Crores Twenty Two Lakhs Ninety Five Thousand Two Hundred Only) and carries a further Signature Not Verified Digitally Signed By:JYOTIRMOY GHOSH O.M.P.(I) (COMM.) 136/2021 & connected matter Page 40 of 42 DASTIDAR Signing Date:23.05.2023 20:24:53 2023:DHC:3566 interest of 27% p.a. compounded quarterly thereon till the date of actual payment; and iv. Pass an order directing the Respondent to disclose on oath all properties and investments/assets/receivables/entitlements of the Respondent (both movables and immovable and, in case of encumbered properties and assets, the extent of encumbrance) including without limitation incomes from rent receivables and Bank accounts and all particulars of its entitlement and or receivables from third parties including from companies in which it is a shareholder or from trusts in which the Respondent is a beneficiary in form and manner notified by the Delhi High Court in the matter of Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture reported in 2019 SCC OnLine Del 1 1879 or in Form 16A, Appendix E under Order XXI Rule 41 (2) of the Code of Civil Procedure within 10 days;
Delhi High Court Cites 66 - Cited by 0 - V K Rao - Full Document

Vistra Itcl(India) Limited & Anr. vs Lalit Kumar Jain & Ors. on 9 May, 2023

8. This Court by its order of 02 December 2022, thereafter bifurcated the various pending applications into Group A and Group B. It may also be noted that on 06 January 2020, the Court took cognizance of an assertion made by the plaintiffs that the defendants had failed to file their Affidavit of Assets as per Order XXI Rule 41 of the Code of Civil Procedure, 19082 despite the order of 10 January 2019. The defendants were consequently called upon to file their detailed affidavits in accordance with the directions contained in Para 45 of the order of 30 July 2019. Similar directions for the filing of Affidavit of Assets had been drawn by the Court in terms of its order 2 the Code CS(COMM) 288/2019 Page 8 of 22 Signature Not Verified Digitally Signed By:NEHA Signing Date:09.05.2023 14:54:04 Neutral Citation Number: 2023:DHC:3097 of 24 January 2020 and 24 February 2020, where it was additionally noted that the affidavits would be filed as per the format prescribed by the Court in its decision in Bhandari Engineers & Builders Pvt. Ltd. vs. Maharaja Raj Joint Ventures and Ors.3 The instant interlocutory application was moved after this Court had duly classified the various pending applications.
Delhi High Court Cites 2 - Cited by 0 - Y Varma - Full Document
1   2 Next