29-Oct-2024 |
DISMISSED |
Matter is dismissed as withdrawn. |
RAJINDER KUMAR |
View Order |
12-Nov-2024 |
25-Sep-2024 |
PENDING |
Matter is adjourned to 04.02.2025. |
RAJINDER KUMAR |
View Order |
30-Sep-2024 |
27-May-2024 |
PENDING |
Matter is adjourned to 25.09.2024. |
RAJINDER KUMAR |
View Order |
24-Jul-2024 |
27-Oct-2023 |
RE-OPEN/PENDING |
RE-OPENED |
RAJINDER KUMAR |
View Order |
02-Nov-2023 |
23-Aug-2023 |
PENDING |
It is
pointed out that conveyance deed has already been executed. Objections raised
by JD were also dismissed. Matter was sent to the Accounts Officer for
calculation of the amount. Report/calculation has already been received.
Learned counsel for JD
has filed certain objections. Heard. According to him, his client was entitled
for outstanding dues as per order/decree under execution.
JD never gave any
detail of outstanding dues before today. Even if JD has any outstanding dues, same
can raise demand separately. As
calculation has already been received. In view of the order passed by Punjab
and Haryana High Court at Chandigarh, in case titled as M/s International Land
Developers Pvt. Ltd. Vs. Aditi Chauhan
and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt.
Ltd. Vs. Nitin Mathur and others 7750 of 2022. Let recovery certificate be
issued to the Collector, Gurugram to recover decretal amount as arrears of land
revenue.
File be sent to
Accounts Officer immediately to prepare recovery certificate. Same be signed
from the undersigned. Accounts Officer to give compliance report till
27.10.2023. |
RAJINDER KUMAR |
View Order |
31-Aug-2023 |
10-Jul-2023 |
PENDING |
Learned counsel for JD requests for
adjournment stating that either to make settlement with the DH or to pay
decretal amount, as per calculation done by CA/Account Officer. Be paid till
next date.
To come on 23.08.2023
for further proceedings. |
RAJINDER KUMAR |
View Order |
18-Jul-2023 |
11-May-2023 |
PENDING |
It is
submitted by the DH, that she went to the office of JD to take possession of her
unit, but same refused to hand over possession, unless she paid certain amount
of maintenance etc. On the other hand, according to learned counsel for JD, the
latter is ready to hand over possession of subject unit, without imposing
condition of any payment etc. Even if, there are outstanding dues against the
DH, same may issue demand letter in that
regard, but it was not proper to deny handing over possession unless certain
amounts are not paid, which are disputed by DH. DH is thus free to take
possession of her unit, at any time.
So far as execution of the
conveyance deed is concerned, according to learned counsel for JD, DH did not
pay money to purchase stamp duty, to facilitate her client to execute
conveyance deed.
Two demand drafts total
amounting Rs. 1,85,510/- are handed over by the DH to the counsel for JD for
purchase of stamp duty. Learned counsel for JD undertakes to get conveyance
deed executed, within one month. Be done accordingly.
To come on 10.07.2023 for
further proceedings. |
RAJINDER KUMAR |
--- |
--- |
28-Mar-2023 |
PENDING |
As per learned counsel for JD, she has not
received copy of report given by CA. Same is handed over today. It is submitted
by learned counsel for DH that through order under execution, the respondent
was directed to execute conveyance deed, after offering possession of unit on
deposition of necessary expenses. According to him, his client is ready to
deposit necessary expenses subject that JD is ready to hand over possession.
Learned counsel request
to coerce the directors of JD to execute conveyance deed by issuing arrest
warrants against them.
Issue show cause notice
to directors of JD, as why same be not committed to civil imprisonment for not
complying with said order i.e. to execute conveyance deed, after offering
possession. Reply (if any) be filed till next date.
As per learned counsel
for JD, her client was ready to hand over possession, but the allottee/DH did
not deposit necessary expenses. All this is refuted by learned counsel for DH.
According to him, his client did not receive any offer of the possession.
As held on previous
date, by this forum JD failed to prove that same offered to hand over
possession by sending any notice. I find no force in this plea of leaned
counsel for JD.
To come on 11.05.2023
for further proceedings. |
RAJINDER KUMAR |
View Order |
06-Apr-2023 |
20-Feb-2023 |
PENDING |
Both of parties have filed their calculations.
Heard on objections raised by the JD.
According to learned counsel for DH, JD has calculated the amount of
maintenance dues. While in the absence of handing over possession, JD was not
entitled to levy maintenance charges.
According to learned
counsel for JD, after receipt of OC on 28.01.2020, her client offered
possession on next day, but DH did not come forward to take the possession. In
such a circumstance, according to learned counsel, her client was entitled to
levy maintenance charges.
Although a document
stated to be copy of courier agency has been put on file but noting is legible
in it. Learned counsel for DH, denied the fact that his client has received any
such offer of the possession. Moreover, according to him, this fact is not
mentioned in the decree/order. If letter offering possession was sent by the JD,
same would have been mentioned in order under execution.
Considering the fact that
JD could not prove that letter offering possession was ever delivered to DH.
Same is not entitled to levy maintenance charges. Objections in this regard are
dismissed.
Learned counsel for JD
requests for short adjournment. Case has already been delayed. No reason for
further adjournment. Request in this regard is declined. Both of parties have submitted their
calculations.
File be put before the CA of
the authority on 22.03.2023 for calculations of amount payable by JD.
To come before this forum on 28.03.2023, for further proceedings. |
RAJINDER KUMAR |
View Order |
23-Feb-2023 |
19-Jan-2023 |
PENDING |
Matter is Adjourned to 20.02.2023. |
RAJINDER KUMAR |
View Order |
25-Jan-2023 |
03-Nov-2022 |
PENDING |
On previous date, JD was directed
to disclose its assets/properties including details of bank account(s).
Information was to be given in the form of an affidavit to be sworn by any one
from directors. No such affidavit is
filed.
DH requests to issue arrest
warrants against directors of JD. Issue show cause notice to directors of JD as
why they be not committed to civil imprisonment for not complying with order of
this forum. Reply, if any, be filed till next date.
At the same time, an application
is filed by JD with request to recall order dated 06.09.2022. It is submitted by learned counsel for JD
that his client is filing objection against decree under execution.
Admittedly, no such
objections were filed till today despite service of notice. There is no reason
to recall order dated 06.09.2022. Application is thus dismissed. Certain objections filed. Copy given. Reply be filed till next date
To come on 19.01.2023
for consideration of objections/further proceedings. |
RAJINDER KUMAR |
--- |
--- |
06-Sep-2022 |
PENDING |
AR of JD submits that JD
is ready to make payment and requests for short time for making
payment/settlement.
Learned counsel for DH
requests for directions to JD to disclose its assets/properties including
details of bank account(s) to realise the decretal amount. Allowed. JD is
directed to disclose its assets/properties including details of bank
account(s). Same is to be filed in the form of an affidavit to be sworn by any
one from directors preferably by the managing director. Copies of title deeds
and statement of bank account(s) also to be furnished alongwith affidavit.
To come on 03.11.2022 for
further proceedings. |
RAJINDER KUMAR |
View Order |
09-Jan-2023 |
22-Aug-2022 |
FIRST HEARING |
Although, DH has
filed list of properties of JD. But there is no evidence to verify that these
properties are actually owned by JD. Learned counsel for latter seeks some more time to file
evidence about ownership of JD in respect of these properties and also about bank account of same. Be filed till next date.
To come on 06.09.2022
for further proceedings. |
RAJINDER KUMAR |
View Order |
09-Jan-2023 |