Sushma Narain v. Shailendra Pratap Singh And ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1197/2014 SUSHMA NARAIN ..... Plaintiff Through Mr. Aniruddha Choudhury and Ms.

Mandira Mitra, Advs.

versus SHAILENDRA PRATAP SINGH AND ORS ..... Defendant Through Ms. Niharica Khanna, Adv. for D-2 and D-3 Ms. Rachna Agrawal and Mr. Dinesh Garg, Advs.

alongwith Mr.

S.S.

Bhatia, Director of D-5 Mr.

Faiz Sherwani, Adv./Local Commissioner + CS(OS) 449/2016 M/S BHATIA PROPCON PRIVATE LIMITED & ANR ..... Plaintiff Through Ms. Rachna Agrawal and Mr. Dinesh Garg, Advs.

alongwith Mr.

S.S.

Bhatia, Director of D-5 versus SHRI NAGENDRA PRATAP SINGH ..... Defendant Through Mr.

Faiz Sherwani, Adv./Local Commissioner Ms. Niharica Khanna, Adv.

CORAM:

SH. DINESH KUMAR SHARMA, REGISTRAR GENERAL

O R D E R

% 01.07.2019 Vide order dated 31.05.2019, the Hon'ble Court was pleased to direct inter

alia as under:- "The execution of the sale deed shall take place on 6th June, 2019 before the Sub-Registrar.

The Court Commissioner shall execute the sale deed and file the report within one week thereafter. Upon filing of the report by the Court Commissioner, the Plaintiff and Defendant No.5 would appear before the Registrar General of this Court on 1st July, 2019.

The Registrar General shall then release the consideration to be paid to the Plaintiff by means of demand draft through counsel.

The keys of the 1st floor and 2nd floor would be simultaneously handed over to Defendant No.5 in the presence of counsel.

TDS certificate shall be handed over to ld. counsel for the Plaintiff as well.

The fee of the Court Commissioner is fixed at Rs. 30,000/-.

The same shall be shared equally between Defendants 2 & 3 (Rs.15,000/-) as also Defendant no.5 (Rs.15,000/-)." In compliance of the above said direction Mr. Faiz Sherwani, Advocate/Local Commissioner who is present in court today has got executed the sale deed in favour of defendant No.5 on behalf of the plaintiff.

He has furnished report with regard to execution of the sale deed and placed on record copy of the sale deed executed in terms of order dated 31.05.2019 passed by the Hon'ble Court. Learned counsel for the plaintiff and defendant No.5 request that the amount deposited in this court and keys may be released to them in terms of order dated 31.05.2019 passed by the Hon'ble Court.

In pursuance to the abovesaid order, the following FDRs duly endorsed in favour of the plaintiff/Sushma Narain have been handed over to Mr. Aniruddha Choudhury, learned counsel for the plaintiff:- (i) FDR bearing No.15530311010951 dated 30.01.2019 for Rs. 1,00,00,000/- issued by UCO Bank, Delhi High Court Branch, New Delhi.

(ii) FDR bearing No.15530311027409 dated 19.02.2019 for Rs. 1,36,00,000/- issued by UCO Bank, Delhi High Court Branch, New Delhi..

(iii) FDR bearing No.15530311070825 dated 23.04.2019 for Rs. 1,07,12,080/- issued by UCO Bank, Delhi High Court Branch, New Delhi.

Learned counsel for the defendant No.5 has also handed the details of deposits of TDS to learned counsel for the plaintiff.

The keys deposited before the Hon'ble Court on 31.05.2019 have been handed over to Mr. S.S. Bhatia, Director of defendant No.5 in terms of order dated 31.05.2019 passed by the Hon'ble Court.

Statements of Mr. Aniruddha Choudhury, learned counsel for the plaintiff, Mr. S.S. Bhatia, Director of defendant No.5 and Mr. Faiz Sherwani, Advocate/Local Commissioner have been recorded separately.

The statement of Mr. S.S. Bhatia, Director of defendant No.5 and the same has been duly identified by counsel. DINESH KUMAR SHARMA REGISTRAR GENERAL JULY 01, 2019 ss