Chandigarh

StateCommission

A/113/2018

Vikrant Duggal - Complainant(s)

Versus

Ajay Chandra & Sanjay Chandra, Managing Directors, Unitech Limited - Opp.Party(s)

H S Saini, Adv.

10 Aug 2018

ORDER

Mrs.Vertika H.Singh, Advocate has filed separate vakalatnamas on behalf of Sh.Ajay Chandra & Sh.Sanjay Chandra, Managing Directors of Unitech Limited, which are taken on record.

                   Today, none has put in appearance on behalf of respondent No.2.

                   This appeal has been filed against order dated 06.04.2018 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (in short “the Forum” only) dismissing Execution Application No.27 of 2017 filed by the applicants/decree holders/complainants with liberty to file a fresh execution petition as and when order passed by the Hon’ble Supreme Court of India is varied/vacated in future. Reading of the order indicates that order passed by the Hon’ble Supreme Court of India on 20.11.2017 was relied upon to reject application filed by the appellant. The said order reads thus :-

“Having heard learned Counsel for the parties, it is directed that jail authorities shall provide adequate time to the petitioners to have the negotiation so that the properties can be sold and money can be deposited.

Be it noted, vide our order dated 30^th October 2017 we had directed that no coercive steps will be taken for executing the orders passed in respect of the petitioners. Needless to say, when we say ‘no coercive steps for execution’, all the forums are bound by it. Ordered accordingly.

                        As far as further prayers in the I.A. are concerned, the same shall be considered in the second week of January 2018 when the main matter has already been directed to be listed.”

                   It is contention of Counsel for the appellant that there is no stay order in favour of respondent No.2 i.e. Sh.Sanjeev Hingorani & Sh.Deepak Sogani, Directors of Alice Developers Private Limited. It is stated that Alice Developers Private Limited is a separate entity and liability of Opposite Parties No.1 and 2 is joint and several, as such, action can be taken against Opposite Party No.2 independently without taking any action against Opposite Party No.1. None is  available on behalf of Opposite Party No.2. We are satisfied with the arguments raised.

                   Accordingly, this appeal is allowed. Order, under challenge, is set aside. The matter is remitted to the concerned Forum to take up the execution application at this stage only against Opposite Party No.2 i.e. Sh.Sanjeev Hingorani & Sh.Deepak Sogani, Directors of Alice Developers Private Limited.

                   Parties/their Counsel are directed to put in appearance before the concerned Forum on 06.09.2018.

                   Certified copies of this order be sent to the parties, free of charge.

                   Certified copy of this order and also the record be sent to the Forum, immediately, so as to reach there before the date fixed.

                   File be consigned to the Record Room after completion.