Vesta Holding Pvt Ltd v. Akm Enterprises Pvt Ltd
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA (OS) 10/2020 VESTA HOLDINGS PRIVATE LIMITED ..... Appellant Through Mr. Sankalp Goswami and Mr. Azhar Alam, Adv.
vs.
AKM ENTERPRISES PRIVATE LIMITED ..... Respondent Through Mr. Sanjeev Kumar Dubey and Mr. Ayush Agrawal, Mr. Vikrant Singh Bloria and Mr.
Samith SN Advocates.
CORAM:
MANOJ JAIN, REGISTRAR GENERAL
O R D E R
% 02.09.2020 (Hearing has been conducted through video-conferencing on account of suspended functioning of courts to control the spread of COVID-19 and learned counsel for the appellant and respondent have joined the video conferencing.) CM No. 21062/2020 1.
The present application has been filed by the appellant under Section 151 CPC seeking correction/ modification of para 8 of the order dated 18.08.2020. The para 8 of the order reads as under:- "8 At request of counsel for appellant and subject to filing of the affidavits and other documents in the registry, the Registry shall send copy of the affidavit furnished by the appellant alongwith sale deed of property sought to be furnished as security to the concerned Sub-Registrar through electronic mode with request to submit report in respect of ownership and another similar email to SDM with said documents with request to send report in respect of the valuation and encumbrances, if any, on the property sought to be furnished as security. The concerned SDM may also be requested to get the property inspected physically and to submit report specifying therein as to who is in the physical possession of the property. 2.
Heard.
3.
Without going into further details, it is made clear that the directions regarding seeking report from the concerned Sub-Registrar and SDM had been
given by the undersigned to reach requisite level of satisfaction as the property is situated in a different State. Ideally, learned counsel for the appellant should have volunteered, instead of objecting, to get the aforesaid aspect re-confirmed from the concerned governmental authorities. Be that as it may, it is clarified that the aforesaid directions have been given by the undersigned and are not based on any request coming from the side of the appellant. The application stands disposed of.
EFA (OS) 10/2020 4.
As per office report, the letter has been issued, through electronic mode, to concerned SDM. However, no reply has been received. 5.
In so far, issuance of letter to Sub-Registrar is concerned, it has been stated that "letter could not be issued as email address not found on Google." 6.
In order to avoid any further delay, let the intimation be sent to the concerned Sub-Registrar and SDM by all possible modes including sending request through speed post requesting them to submit report in terms of order dated 18.08.2020. The Registry is also directed to send the documents sought to be furnished as security and affidavit alongwith the intimation.
7.
The concerned Deputy Registrar would ensure that the service is affected by all modes and in order to expedite the things, he would be at liberty to talk to the concerned officers on telephone/mobile.
8.
It is expected that the appellant renders due assistance to the registry in this regard.
9.
Renotify on 21.09.2020.
MANOJ JAIN REGISTRAR GENERAL SEPTEMBER 02, 2020 ss