M/S Shree Seco Pvt Ltd v. M/S S.A Traders Pvt Ltd

NAVIN CHAWLA, J DECEMBER 21, 2018/Arya

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 245/2014 & EA(OS) 1160/2015, 108/2016, 21/2017 Reserved on: 09.10.2018 Date of decision : . 21.12.2018 M/S SHREE SECO PVT LTD ..... Decree Holder Through: Mr.Anil Kumar Gupta & Ms.Pushti Gupta, Advs. versus M/S S.A TRADERS PVT LTD ..... Judgment Debtor Through: Mr.Anil Sapra, Sr. Adv. with Ms.Biji Rajesh, Ms.Eshita Baruah, Ms.Pooja Singh, Ms.Akanshsha Choudhary & Mr.Sathak Katyal, Advs. Mr.Saud Ahmed, Adv. for the Objector. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. The present Execution Petition seeks enforcement of the Arbitral Award dated 29.05.2009 passed in favour of the petitioner and against the respondent. 2. It is asserted that the application under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the respondent challenging the Award was dismissed by the District Judge, Jaipur vide order dated 08.02.2011. Thereafter, the petitioner filed an Execution Page 2 Petition being Ex. No.1191/2011 before District & Sessions Judge, Jaipur. The said Execution Petition was transferred to the Court of the District & Sessions Judge at New Delhi vide order dated 21.11.2011 on basis of the submissions made by the petitioner that not only was the registered office of the respondent situated at New Delhi but also that one of the immovable properties owned by the respondent was at New Delhi. 3. The present petition was thereafter transferred to this Court as the amount under the decree was approximately Rs.2.55 crore. 4. The petitioner claimed that the respondent owns the following two properties within the jurisdiction of this Court:- a. E-217, Greater Kailash-I, New Delhi; and b. 82-A, Block E, Greater Kailash-I, New Delhi 5. Affidavits have been filed on behalf of the respondent by Ms.Medha Saikia, Director of the respondent. In the affidavit it has been asserted that the registered office of the respondent company was in Guwahati, Assam and the ground floor of the property bearing No.82-A, Block E, Greater Kailash-I, New Delhi had been sold by the respondent to one Sh.Ashok Lakhani vide Sale Deed dated 21.07.2009 duly registered on 23.07.2009 and the entire basement, the garage portion of the ground floor and the first floor of the property were sold to M/s ProBuild Trexim Pvt. Ltd. vide two separate Sale Deeds both dated 30.06.2010 and both registered on 03.07.2010, that is prior to the transfer of the decree to the Court of District & Sessions Judge, New Delhi. Page 3 6. As far as the property bearing No.E-217, Greater Kailash-I, New Delhi is concerned, it has been asserted that the same never belonged to the respondent. In fact, objections to the present petition have been filed by one Sh.Ashok Kumar Jain stating that he had purchased the ground floor (back portion) of the above property from Mr.A.R. Malik vide Sale Deed dated 13.12.1995. He has further stated that the front portion of the ground floor is owned by the legal heirs of late Sh. Arjun Dass and the first floor of the property is owned by M/s N.V. Marketing Pvt. Ltd., who had purchased the same vide Sale Deeds dated 13.12.1995 and 20.12.1995 respectively. 7. The above facts have not been denied by the petitioner. The counsel for the petitioner, however asserts that the property bearing No.82-A, Block E, Greater Kailash-I, New Delhi has been sold by the respondent in a clandestine manner so as to defeat the rights of the petitioner under the decree. 8. On the other hand, the learned senior counsel for the respondent submits that the present Execution Petition was transferred by the District Judge, Jaipur to the District Court at Delhi only on the basis of the assertion of the petitioner that as on that date, the registered office of the respondent company was at New Delhi and that the respondent company owned properties within the territorial jurisdiction of Courts at New Delhi. Once the said statement is found to be incorrect, this Court cannot take any further steps in execution of the decree an