Chandigarh

StateCommission

EA/66/2019

Gurvinder Pal Singh - Complainant(s)

Versus

M/s Ansal Properties & Infrastructure Ltd. - Opp.Party(s)

Divya Khanna Adv.

15 Nov 2019

ORDER

MA/870/2019

                        In this application, on 01.11.2019, on payment of certain amount by judgment debtors No.1 to 3, the coercive process issued in the execution application bearing No.66 of 2019 was kept in abeyance till 04.11.2019, on which date, the matter was adjourned to today i.e. 15.11.2019 for settlement. It is important to mention here that on 02.09.2019, properties of judgment debtors No.1 to 3 were also put under attachment.

                        To be decided in main Execution Application bearing No.66 of 2019.

MA/929/2019

                Today, this application has been filed by applicant(s)/judgment debtors No.1 to 3 seeking stay of production warrants, non-bailable warrants issued by this Commission against the Chairman, Vice Chairman as well as Business Head of the Company.

                        Let notice of this application be issued to the non-applicants/decree holders.

                        At this stage, Ms. Divya Khanna, Advocate accepts notice of this application on behalf of the non-applicants/decree holders. Copy of the application alongwith documents annexed therewith has been supplied to her.

                        To be decided in main Execution Application bearing No.66 of 2019.

EA/66/2019  

                        Today, Counsel for both the parties have stated that the matter has amicably been settled between the parties.

                        It may be stated here that the decree/judgment dated 28.09.2018 was passed by this Commission in favour of both the decree holders/complainants, namely, Sh. Gurvinder Pal Singh and his wife, namely, Mrs. Kulvinder Kaur. However, on behalf of Mrs. Kulvinder Kaur, decree holder No.2, it has been stated by Ms. Divya Khanna, Advocate, Counsel for the decree holders that the cheques be paid  by the judgment debtors in favour of the decree holder No.1, namely, Sh. Gurvinder Pal Singh, husband of decree holder No.2 – Smt. Kulvinder Kaur.

                        In lieu of aforesaid settlement, Sh. Abhilaksh Grover, Advocate, Counsel for judgment debtors No.1 to 3 has handed over seven post-dated cheques bearing Nos.084837 to 084842, dated 10.12.2019, 10.01.2020, 10.02.2020, 10.03.2020, 10.04.2020 & 10.05.2020, in the sum of Rs.3,35,668/- each   to Ms. Divya Khanna, Advocate, for the decree holders against receipt. The said cheques have been duly accepted by the Counsel for the decree holders towards full and final settlement of all claims raised in this execution application.

                        It is made clear that Sh. Gurvinder Pal Singh, decree holder No.1 shall be liable with regard to the share of his wife, namely, Smt. Kulvinder Kaur, decree holder No.2 and direction has been issued to him to pay 50% amount of the aforesaid cheques to his wife (Smt. Kulvinder Kaur).

                        It is made clear that the entire liability of judgment debtors No.1 to 3 will come to an end only after realization of all the aforesaid post-dated cheques.

                   We also made it very clear that in case, any of the aforesaid post-dated cheques is dishonoured, judgment debtors No.1 to 3 shall pay 10% of the cheque amount as penalty to the decree holder. This order with regard to payment of penalty shall be in addition to the other civil and criminal liabilities of judgment debtors No.1 to 3. The decree holders shall also be at liberty to get this execution application revived by moving an application.

                        Since, vide the judgment under execution, the judgment debtors were  also directed to repay the entire loan amount to the concerned financial institution, released by it, in favour of the judgment debtors, in respect of the unit, in question, alongwith Pre-EMIs installments, if any due, therefore, the judgment debtors shall be solely responsible for the said repayment.

                        In view of above, orders dated 02.09.2018 and 18.10.2019 qua issuance of coercive process and attachment cease to exist.

                        In view of above, this execution application alongwith Miscellaneous Applications bearing Nos.870 & 929 of 2019 stand disposed of.

                        Certified copy of this order be immediately sent to the Deputy Commissioners, S.A.S. Nagar, Mohali and Chandigarh with a direction to remove the attachment only in this case, in terms of order passed today.

                        Certified copy of this order be sent to Jail Superintendent, District Jail, Lucknow through email.

                        Naib Court attached with this Commission is also directed to inform Jail Superintendent, District Jail, Lucknow accordingly.

                        Certified copies of this order be given dasti to the parties/their Counsel free of charge.