M/S Kotak Mahindra Prime Ltd v. Hallex Applied Power Private Ltd & Anr

ORDER

25.11.2011 Despite several opportunities given to the Respondents in AND :M.P. 42st20tr O.!t4.P. Nos. 3l & 425 of 2011 Poga I o.f 6 they have been unable to comply with the assurances given to this Court about making payments to the Petitioner. Consequently, this Court is not inclined'to grant any further indulgence to the Respondents.

¶2As far as O.M.P. No. 31 of 201 1 is concerned, an order was passed by this Court on 12th January 2011whereby Mr. Deepak Dhiman, Manager of the Petitioner was appointed as a Court Receiver to take possession of the vehicle bearing No. DL-3CBM-7740 from the Respondents or any other person holding the vehicle on behalf of the Respondents and deliver its possession to the Petitioner. It was stated that the order would not be implemented in case the Respondents made payment of an amount of Rs. 25,00,000/- to the Petitioner and also undertook to pay the future instalments punctually without any further default.

3.'rhe above order has not been fully complied with till date. on29tt' April 20lI,12tl'July 20Il,26th July 20II,8th August20LI, ITth August 2071,6th September 2011 and 31't October 2011, this Court adjourned the matter at the instance of the Respondents. On 8th August 207l,two cheques totalling Rs. 10,00,000/- were handed over to the Petitioner. On the last date. i.e.. 3 1't O.M.P. Nos.3I & 425 ttJ'2011 Poge 2 of 6 October 20II, learned counsel for thb Respondents had on instructions stated that they were prepared to pay Rs. 8,00,000/- to the Petitioner within the next 72 hours. They had also stated that by the next date they will place' on record a schedule of the payments they proposed to make. But the said assurances have not been adhered to by the Respondents. Learned counsel . for the Petitioner points out that as on date, the sum owed to the Petitioner is over Rs. 56,00,000/-. He adds that an ex parte Award has been passed against the Respondents on 8th Septembe r 201I.

¶4As far as O.M.P. No. 425 of 20II is concerned, an interim order was passed on 27th May 2011 appointing Mr. Deepak Dhiman, Manager of the Petitioner as Court Receiver to take possession of the vehicle bearing No. CH-03-N-3636 from the Respondents. The said order was not to be executed in the event that the Respondents made a payment of Rs. 20,00,000/- to the Petitioner. The case was adjoumed on 6th September 2011 to enable the parties to go in for mediation. That was however not successful. According to learned counsel for the Petitioner, the Respondents owes the Petitioner over Rs. 30,00,000/- as of date. He adds that an ex parte Award has been passed against the Respondents on 31't August 2011. O.M.P. Nos.3I & 425 of 2011 PageJ of6

¶5Learned counsel for the Respondents in both matters repeatedly urged one more opportunity should be given to them to make payment. He stated that the Respondents were expecting certain payments from their debtors.

¶6It is not possible for this Court to keep adjourning these cases particularly since the Respondents have not been able to make payments as assured to this Court on various previous dates.

¶7Consequently, O.M.P. No. 31 of 2011 is disposed of with the direction that the Court Receiver Mr. Deepak Dhiman, Manager of the Petitioner will take possession of the vehicle bearing No. DL-3CBM-7740 from the Respondents or any other person holding the vehicle on behalf of the Respondents and deliver its possession to the Petitioner. He is also permitted to take the assistance of the local police. The SHO of the local police station is directed to render necessary assistance to the Court Receiver in this regard. However, in the event that the Respondents make payment of Rs. 30,00,000/- to the Petitioner and also undertake to pay the balance amount in future instalments punctually without any fuither default, the O.M.P. Nos.31 & 425 of 2011 Page 4 of6 f Petitioner will return the vehicle in question to the Respondents. This order will continue till such time any further orders are passed in the execution proceedings that may arise from the Award passed in the matter.

¶8O.M.P. No. 425 of 2011 is disposed of with the direction that the Court Receiver, Mr. Deepak Dhiman, Manager of the Petitioner will take possession of the vehicle bearing No. CH-03-N-3636 from the Respondents or any other person holding the'vehicle on behalf of the Respondents and deliver its possession to the Petitioner. He is also permitted to take the assistance of the local police. The SHO of the local police station is directed to render necessary assistance to the Court Receiver in this regard. However, in the event that the Respondents make payment of Rs. 15,00,000/- to the Petitioner and also agree to make payment of the balance sum in instalments punctually without any further default, the Petitioner will return the vehicle in question to the Respondents. This order will continue till such time any further orders are passed in the execution proceedings that may arise from the ex parte Awardpassed in the matter. O.M.P. Nos.31 & 425 of 2011 Page 5 oJ'6 \\

¶9'Ihe petitions are disposed of in the above terms.

¶10Order be given dasti to learned counsel for the parties. NOVEMBER 25.2OII fta --ftva Ffr ftonlrt f4 -Aree,&,'b Cf '? (ar*"ft I S. MURALIDHAR. J O.M.P. Nos.3l & 425 of 20Il Prye6of6

$- * #11 IN THE HIGH COURT OF DELHI AT NEW DELHI o.M.P. 31/2011 M/S KOTAK MAHINDRA PRIME LTD ..... Petitioner Through: Mr. Ujjwal K. Jha with Mr. Rohit Mehra. Advocates. VETSUS HALLEX APPLIED POWER PRIVATE LTD & ANR #r4 + Through: Mr. Sanjay Sood with Mr. Shekhar Kumar, Advocates. M/S KOTAK MAHINDRA PRIME LTD ..... Petitioner Through: Mr. Ujjwal K. Jha with Mr. Rohit Mehra, Advocates. VCTSUS ASIAN POV/ER CONTROLS LTD & ANR ..... Respondents Through: Mr. Sanjay Sood with Mr. Shekhar Kumar. Advocates. CORAM: JUSTICE S. MURALIDHAR ..... Respondents these *un.., oh l.