Delhi

North East

ea/39/2013

Shri Naveen Mukhija - Complainant(s)

Versus

M/s Ferrous iIfrastructure Pvt. Ltd. - Opp.Party(s)

09 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Execution No. 39/13

In the matter of:

 

	Shri Naveen Mukhija S/o Mr. P.C Mukhija R/o House No. 149, Sector-1 HUDA Shahabad District Kurukshetra Haryana	Decree Holder
	Versus
	M/s Ferrous Infrastructure Pvt. Ltd., Corp. off: Unit No. 111, Suncity Business Tower Golf Course Road Sector-54, Gurgaon-122003   Also At: Regd. Office Seth Farms, Khasra No. 41, 42, 44, 45 M.G Road, Ghitorni, New Delhi-110030	Judgment Debtor

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

                                                                  ORDER

Surinder Kumar Sharma, President

1. This order shall dispose off an application dated 08.02.2023 filed by the Decree Holder under section 71 reads with 72 of the Consumer Protection Act 2019.
2. The brief facts necessary for the disposal of this application are as under:-

The present execution is pending for implementation of order dated 18.01.2013. During the pendency of this execution petition vide order dated 08.07.2022 order as under “As discussed above the order dated 18.01.2013 passed by the District Consumer Disputes Redressal Forum, North East has attained finality. As per the said order the possession of the flat in question be handed over to the Decree Holder. Therefore, under these circumstances it is ordered that Judgement Debtor will hand over the possession of the said flat in terms of the order dated 18.01.2013 passed by the District consumer Disputes Redressal Forum, North East to the Decree Holder within one month of this order. The Decree Holder shall file detail statements of the amount which is due towards the Judgment Debtor. The Judgment Debtor shall also file the detailed statement of the amount which he claims to be due towards the Decree Holder. The Judgment Debtor shall also file affidavit regarding his moveable properties and bank accounts.”

3. However, the possession was not handed over to the Decree Holder as per the said order.  On 29.08.2022 the Decree Holder was shown the flat in question by one Mr. Rajesh Kaushik but the possession could not be taken as the flat was in bad condition. It was assured by the Judgment Debtor that the needful could be done in the flat in question and thereafter possession will be handed over. Judgment Debtor also moved an application wherein I.A No. 36/23 in FA 749/13 for clarification of the order and the same was dismissed by the Hon’ble State Commission. Now vide the present application, the Decree Holder has prayed for directing the directors of Judgment Debtor i.e Ashish Seth and Ravinder Dubey to appear in person before this commission. It is also prayed that they should be tried some summarily and be punished.
4. The notice of the application was given to the Decree Holder but no reply was filed on behalf of the Decree Holder. We have heard the Ld. Counsel for the parties and have perused the file. It was submitted by the Ld. Counsel for the Judgment Debtor that the National Company Law Tribunal (NCLT) vide its order dated 02.02.2023 passed in the matter on M/s. Leena Batra Vs. M/s. Ferrous Infrastructure Private Ltd. has declared the moratorium and therefore the execution proceedings cannot be continued. On the other hand it was submitted by the Ld. Counsel for the Decree Holder that this order has no bearing on the present case as the constructive possession of the flat has been given to the Decree Holder.
5. The perusal of the file shows that neither physical possession nor constructive possession has been given to the Decree Holder till date. The relevant question of the order in the case Lina Batra(Supra) is as under:-

15. The moratorium is declared which shall have effect from the date of this order till the completion of CIRP, for the purposes referred to in section 14 of the IBC, 2016. It is ordered to prohibit all the following, namely:
    1. The institution of suits or continuation of pending suits or proceedings against the corporate debtor execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority.
    2. ……………..
    3. ………………
    4. The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor.

6. Therefore, in view of the above mentioned order of the National Company Law Tribunal, we are of the opinion that execution proceedings cannot be continued. The application is dismissed. File is adjourned sine die and be consigned to Record Room.
7. Order announced on 09.03.2023.

Copy of this order be given to the parties free of cost.

 

(Anil Kumar Bamba)                Member

(Adarsh Nain)       Member

(Surinder Kumar Sharma)              President