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High Court of DelhiOMP (ENF.) (COMM.)/213/2024

Ahluwalia Contractors (India) Ltd. v. M/S Raheja Developers Limited

2025-01-07Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (ENF.) (COMM.) 213/2024 AHLUWALIA CONTRACTORS (INDIA) LTD. .....Decree Holder Through:

Mr. Shashank Garg, Senior Advocate and Ms. Nishtha Jain, Adv.

versus M/S RAHEJA DEVELOPERS LIMITED .....Judgement Debtor Through:

Mr. Sameer Rohatgi Ms. Manmeet Kaur, Ms. Suditi Batra Mr. Gurtejpal Singh, Advocates + OMP (ENF.) (COMM.) 214/2024 AHLUWALIA CONTRACTORS (INDIA) LTD. .....Decree Holder Through:

Mr. Shashank Garg, Senior Advocate and Ms. Nishtha Jain, Adv.

versus M/S RAHEJA DEVELOPERS LIMITED .....Judgement Debtor Through:

Mr. Sameer Rohatgi Ms. Manmeet Kaur, Ms. Suditi Batra Mr. Gurtejpal Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 07.01.2025 EX.APPL.(OS) 2003/2024 in OMP (ENF.) (COMM.) 213/2024 EX.APPL.(OS) 1994/2024 in OMP (ENF.) (COMM.) 214/2024 1.

These applications under Order VI Rule 17 CPC are for corrections of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the cause title of the Decree Holder.

2.

It is stated that the Decree Holder's name in the cause title should be read as Ahluwalia Contracts (India) Ltd. instead of Ahluwalia Contractors (India) Ltd. The correction as sought for is granted. 3.

Let the amended memo of parties be filed within a week from today. 4.

The applications are disposed of.

OMP (ENF.) (COMM.) 213/2024 OMP (ENF.) (COMM.) 214/2024 1.

The instant applications are for enforcement of the Award dated 29.04.2024. The total amount of the Award in OMP (ENF.) (COMM.) 213/2024 as on 31.08.2024 is Rs.14,29,85,278/- and Rs.2,50,49,227/- in OMP (ENF.) (COMM.) 214/2024.

2.

The parties are ad idem that the proceedings under the Insolvency & Bankruptcy Code have been initiated against the Judgement Debtor and a petition under Section 7 was admitted on 19.11.2024. However, there is an appeal by the Managing Director of the Judgement Debtor company. The IRP was appointed only qua one project being Raheja Shilas (Low Rise) situated at Sector-109, Gurgaon, Haryana.

3.

In view of the fact that there are no proceedings qua other projects, this Court is inclined to direct the Judgement Debtor to deposit Rs.14,29,85,278/- in OMP (ENF.) (COMM.) 213/2024 and Rs.2,50,49,227/- in OMP (ENF.) (COMM.) 214/2024 within a period of six weeks from today.

4.

In the event, the Judgement Debtor gets any order from the NCLAT which would fetter the Respondent from depositing the money, liberty is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

granted to the Judgement Debtor to move an appropriate application. 5.

With these observations, the petitions are disposed of. SUBRAMONIUM PRASAD, J JANUARY 07, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.