07-Nov-2022 |
PENDING |
It
is pointed out that case file has already been sent to the Authority on requisition
received from it. Parties may appear before the Authority on date fixed. learned counsel for DH submits that this fact
was not within his knowledge. |
|
--- |
--- |
16-Sep-2022 |
PENDING |
Both of learned counsels seek
time to file written submissions. Be
filed before next date.
To come on 07.11.2022
at 2.00p.m. |
RAJINDER KUMAR |
--- |
--- |
01-Aug-2022 |
PENDING |
Adjudicating Officer on leave, adjourned to 16.09.2022. |
RAJINDER KUMAR |
--- |
--- |
18-Jul-2022 |
PENDING |
Adjudicating Officer on leave, adjourned to 01.08.2022. |
RAJINDER KUMAR |
--- |
--- |
21-Apr-2022 |
PENDING |
It is submitted by learned counsel for JD
that certain development works are going
at the project site. The Authority has passed
order dated 12.04.2022 giving directions to his client to develop/complete the project. Learned
counsel seeks adjournment so that he could seek necessary directions from the
Authority. All this is stronly objected by the learned counsel for DH.
According to him, there is no stay of
proceedings till date.
Keeping in view all this, I think it proper to adjourn the matter.
To come on 18.07.2022 for
further proceedings. |
RAJINDER KUMAR |
View Order |
02-May-2022 |
06-Apr-2022 |
PENDING |
On joint request, matter is adjourned to
21.04.2022 for arguments. |
RAJINDER KUMAR |
View Order |
09-Apr-2022 |
25-Mar-2022 |
PENDING |
This is a petition seeking execution of order dated 12.09.2019 passed by the Haryana Real
Estate Regulatory Authority(in brief Authority). During the course of proceedings, vide order dated 03.10.2019, a property
i.e. Hotel Plot bearing No.A-31a, District Centre, Nehru Place, New Delhi was
ordered to be attached by the Authority, to realise the decretal
amount.
` This is an application filed by M/s Lavender
Infra Projects Pvt Ltd., with
request to recall that order and to release aforesaid plot from
attachment.
It is submitted by learned counsel for
applicant that said plot is owned by his
client i.e. M/s Lavender Infra Projects Pvt Ltd. and the latter got its title
through conveyance deed dated 19.09.2011.
Original conveyance deed is shown
by learned counsel, a copy of same has
been filed alongwith the application. As
per learned counsel, when said plot is owned by his client, same could not have
been attached in this case, his client is not a
judgment-debtor.
Learned counsel representing DH objected the application. It is
submitted by him that said property was attached on the asking of JD-2 i.e. M/s 3C Shelters
Private Ltd. An affidavit was also filed
by the latter, verifying that same was being dedicated voluntarily by JD-2. It was mentioned that JD was in the
process of buying said plot on the basis
of an agreement. Asa this is reflected in order dated 23.01.2019, passed by the
Authority.
None of parties could show that said plot was actually owned by M/s 3 C
Shelters Pvt Ltd. On the other hand, as
mentioned above, conveyance deed is in favour of
M/s Lavender Infra Projects Pvt Ltd.(applicant). When, there is no
evidence to show that said property was actually owned by JD-2, there was no
reason to attach said property to realise
decretal amount. Applicant
appears to have good title over
said plot. Application is thus
allowed and order dated 03.10.2019 of the authority attaching said plot is
hereby recalled.
It is contended by learned counsel for JD-2 (M/s Orris Infrastructure Pvt Ltd.) that an application filed by his client is still
pending for disposal. He requests short
adjournment for arguments on it. Not opposed by learned counsel for DH. Request
is thus allowed.
To come on 06.04.2022 at 2.00p.m.(as requested) for arguments on application and further proceedings. |
RAJINDER KUMAR |
View Order |
30-Mar-2022 |
10-Mar-2022 |
PENDING |
Application filed by Ms Lavender Infraprojects Pvt Ltd. was listed for today. Learned counsel for DH as well as of JD-I request for short adjournment to file reply to same. Not opposed. Request is allowed. Let reply if any be filed till next date with copy to the applicant. To come for arguments on this application as well as on application filed by the JD No.1 on 25.03.2022. |
RAJINDER KUMAR |
View Order |
05-Apr-2022 |
03-Mar-2022 |
PENDING |
As per learned counsel representing R-1 she has not received a copy of application seeking restoration of earlier application made by the applicant. Learned counsel for latter undertakes to supply copy of same today itself. Learned counsel for JD requests for short adjournment for arguments on execution petition stating that she is making arrangements to appear before this forum personally. She has given birth to a male baby recently. Not opposed. Allowed. To come on 10.03.2022 for arguments. |
RAJINDER KUMAR |
View Order |
05-Apr-2022 |
14-Feb-2022 |
PENDING |
None for applicant. Application stands
dismissed.
Arguments heard in
part.
To come for
remaining arguments on 03.03.2022.
At 11.45p.m.
At this stage
learned counsel for applicant put in appearance and he has been apprised about
the proceedings.
To come for remaining
arguments on 03.03.2022. |
RAJINDER KUMAR |
--- |
--- |
11-Feb-2022 |
PENDING |
THE MATTER IS ADJOURNED TO 14.02.2022 |
RAJINDER KUMAR |
--- |
--- |
14-Dec-2021 |
PENDING |
This is a
petition seeking execution of order
dated 03.10.2019, passed by the Haryana Real Estate Regulatory Authority,
Gurugram(in brief ‘the Authority’). On
request made by the Decree Holders ,the Authority, vide order dated 03.10.2019
, directed attachment of property No.A-3a, District Centre Phase II, Nehru Place, New Delhi
stated to a hotel plot.
Heard on an application filed by M/s Delhi Brass & Metal Works Pvt Ltd.
seeking vacation of said order,
attaching plot described above.
It is submitted by learned counsel for
applicant that said plot has been mortgaged with his clients i.e. applicants by
its owner i.e. Lavender Infra Projects
Pvt Ltd. a private limited company. The
Latter had approached the applicants in July/August, 2015 with a prayer
for loan facility of Rs.49.50
crores for construction/development of
its projects. Same agreed to provide its
property i.e. a hotel plot mentioned above as security for repayment of loan
facility. The applicants extended loan facility as sought by said Lavender
Infra, at an interest rate of 24% p.a. An equitable mortgage on this property
was created in favour of his
clients, by depositing original title
deed i.e. allotment letter, payments receipts, conveyance deed etc. Apart from
the same, an agreement for sale was also
executed by M/s Lavender Infra in favour of applicants. Unpaid loan amount was agreed to be treated as sale consideration, paid by the
applicants. A separate loan agreement
dated 24.08.2015, agreement to sell date 24.08.2015, agreement/affidavits of share-holders of M/s
Lavender Infra, were also
executed. As M/s Lavender Infra did
not repay the loan amount plus interest.
His client i.e. applicants have become
owners of said property. Copies of agreement etc have been put on
file. Even otherwise, same being mortgagee
of said plot, applicants have prior interest than the decree holders.
It is further plea of counsel
for applicants that even Haryana Real Estate Appellate Tribunal while hearing
an Appeal No.158/2019 relating to the present execution petition, mentioned
about encumbrances upon the plot.
The relevant para i.e. Para 62 of order is reproduced is here as under:
“It was further mentioned
in affidavit dated 23.01.2019 that they
dedicated properties worth more than Rs.200 crores but it is an admitted fact
that this arrangement could not mature due to the default of t
he
respondent No.2, as it could not get the consent of the lenders and such properties were under
encumbrances…….”
Learned counsel representing
the JD/Respondent No.1 & 2 have objections. According to them, simply on the basis of agreement to sell, the
applicants cannot claim to be owners of
said plot.
True, it is well settled that an agreement to sell
does not create any title till the sale deed
etc is executed. In this way, the applicants cannot claim owners of plot
mentioned above. The applicants claim to be mortgagee of said plot having mortgage deed/agreement
executed prior to the date when said plot was
attached by the Authority to realise the decretal amount.
If all this is true, the
applicants have prior interest in said plot. Considering all these facts, I do
not find any reason to recall order attaching said property in realization of
decretal amount. However, it is made
clear here that the applicants are
having prior interest by way of
mortgage, the same can realise their amount
before the yield of same is used
to satisfy the decree under execution. With this observation, application is thus dismissed.
To come on 11.02.2022 for further proceedings. |
RAJINDER KUMAR |
View Order |
15-Dec-2021 |
16-Nov-2021 |
PENDING |
Arguments heard on an application. At the
same time, counsel for JD-2 submits that she would like to file written submissions.
Allowed. Be filed at least two days before next date.
To come on 14.12.2021
for order. |
RAJINDER KUMAR |
View Order |
18-Nov-2021 |
03-Nov-2021 |
PENDING |
Learned counsel for Decree holder requests
for adjournment stating that main counsel is suffering with fewer. Not
opposed. At the same time, learned counsel for respondent No.1 is also
requested for short adjournment stating
that she wants to file reply to application, filed on behalf of
applicant/mortgagee. Be filed till next date.
To come ton 16.11.2021
for further proceedings. |
RAJINDER KUMAR |
View Order |
08-Nov-2021 |
27-Sep-2021 |
PENDING |
Some documents are filed by the DH. Counsel for DH
undertakes to supply copies of those documents to the counsel for
JD/respondent. At the same time, it is
pointed out that an application on behalf of JD/respondent has been filed.
Copy of same is stated to have received by counsel for DH.
Learned counsel for DH seeks time to
file reply as well as to advance arguments. Allowed.
2. To come on 03.11.2021 for
arguments. |
RAJINDER KUMAR |
View Order |
05-Oct-2021 |
15-Sep-2021 |
PENDING |
AR of JD/respondent (Orris Infrastructure
Pvt. Ltd) requests for some time to show orders of NCLT. Allowed.
2. To come on
27.09.2021for further proceedings. |
RAJINDER KUMAR |
View Order |
20-Sep-2021 |
25-Aug-2021 |
PENDING |
On joint request, matter is adjourned to 15.09.2021 for further
proceedings. |
RAJINDER KUMAR |
View Order |
04-Sep-2021 |
17-May-2021 |
PENDING |
Due to increase in the Covid-19
cases in and around the area of the Authority and lockdown in the State, the
case is not being taken up for hearing. Hence, as per directions of the Hon’ble
Authority, it is being adjourned to 25.08.2021 for the proceedings already
fixed.
2.
Both the parties be informed accordingly through e-mail. |
SUBHASH CHAND GOYAL |
View Order |
18-May-2021 |
31-Mar-2021 |
PENDING |
Memo of appearance on behalf of respondent No. 2 alongwith copies
of orders passed by NCLT has been placed on file.
Let the
matter be put up on 17.5.2021 for further proceedings. |
SUBHASH CHAND GOYAL |
View Order |
01-Apr-2021 |
01-Mar-2021 |
PENDING |
The file has not been put. Let the same be put up on 31.03.2021. |
SUBHASH CHAND GOYAL |
--- |
--- |
15-Feb-2021 |
PENDING |
None is present
either of the parties. Even the file has not been put up by the Registry.
2. Let the matter be put up on
01.03.2021 for further proceedings. |
SUBHASH CHAND GOYAL |
--- |
--- |
08-Feb-2021 |
PENDING |
File has not been put up by the Registry. Let it be put up on 15.02.2021. |
SUBHASH CHAND GOYAL |
--- |
--- |
19-Jan-2021 |
PENDING |
File is not traceable. Let, the same be put up on 08.02.2021. |
SUBHASH CHAND GOYAL |
--- |
--- |
20-Oct-2020 |
PENDING |
THE CASE IS ADJOURNED TO 19.01.2021 |
SUBHASH CHAND GOYAL |
--- |
--- |
01-Oct-2020 |
PENDING |
File has not been received from the office. Let
the same be requisitioned for further proceedings and the matter be put up on 20.10.2020 for further proceedings. |
SUBHASH CHAND GOYAL |
--- |
--- |
10-Aug-2020 |
PENDING |
DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 01.10.2020 |
SUBHASH CHAND GOYAL |
--- |
--- |
15-May-2020 |
PENDING |
DUE TO LOCKDOWN, THE MATTER IS ADJOURNED TO 10.08.2020 |
SUBHASH CHAND GOYAL |
--- |
--- |
25-Mar-2020 |
PENDING |
DU ETO LOCKDOWN, THE MATTER IS ADJOURNED TO 15.05.2020 |
SUBHASH CHAND GOYAL |
--- |
--- |
18-Feb-2020 |
PENDING |
THE CASE IS ADJOURNED TO 25.03.2020 |
SUBHASH CHAND GOYAL |
--- |
--- |
13-Feb-2020 |
PENDING |
HEARING DATE 18.02.2020 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
16-Jan-2020 |
PENDING |
HEARING DATE 13.02.2020 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
20-Mar-2020 |
14-Jan-2020 |
PENDING |
HEARING DATE 16.01.2020 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
06-Jan-2020 |
PENDING |
HEARING DATE 14.01.2020 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
23-Dec-2019 |
PENDING |
Hearing Date 06.01.2020 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
18-Dec-2019 |
PENDING |
HEARING DATE 23.12.2019 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
10-Dec-2019 |
PENDING |
HEARING DATE 18.12.2019 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
08-Nov-2019 |
PENDING |
Hearing Date 10.12.2019 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |
03-Oct-2019 |
FIRST HEARING |
Hearing Date 12.09.2019 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
20-Mar-2020 |
12-Sep-2019 |
PENDING |
Hearing Date 08.11.2019 |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
19-Mar-2020 |