Murli Projects Pvt Ltd v. Shree Naurang Godavari Entertainment Ltd & ORS

$~4&7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.3037/2012 & IA No.21054/2013 (u/O 39 R-2A CPC) & Crl.M.A. No.3403/2014 (u/O 340 CrPC).

MURLI PROJECTS PVT LTD ..... Plaintiff Through:

Mr. Darpan Wadhwa, Mr. Rishi Agrawala, Mr. Karan Luthra and Mr.

Arnav Kumar, Advs.

Versus

SHREE NAURANG GODAVARI ENTERTAINMENT LTD & ORS ..... Defendants Through:

Mr. Satish Kumar Bhatti & Mr.

Bhaskar Upadhaya, Advs.

AND EX.P. No.69/2016 MURLI PROJECTS PVT LTD ..... Decree Holder Through:

Mr. Darpan Wadhwa, Mr. Rishi Agrawala, Mr. Karan Luthra and Mr.

Arnav Kumar, Advs.

Versus

SHREE NAURANG GODAVARI ENTERTAINMENT LTD & ORS ..... Judgement Debtors Through:

Mr. Satish Kumar Bhatti & Mr.

Bhaskar Upadhaya, Advs.

Mr. Akshat Gupta, Ms. A. Bhagat & Mr. Ritik Malik, Advs. for Kay Dee Corporate Advisors Pvt. Ltd.

Mr. Sanjeev Kumar, Adv. for Percept Pictures.

Mr. Vipul Goel, Adv. for Mr. Sanjay Sharma.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 20.01.2017 1.

The counsel for the decree-holder / applicant states that only some of the notices ordered to be issued on 10th November, 2016 have been served and further time is required for service of the other notices. He also seeks permission to serve via electronic mode.

2.

The counsel for the decree-holder also states that the judgment-debtor Mr. Rajpal Naurang Yadav, as per newspaper reports, has formed a political party and which party is contesting elections for as many as 342 seats of Uttar Pradesh Legislative Assembly.

3.

I have enquired from the counsels for the judgment-debtor Mr. Rajpal Naurang Yadav as to why intimation of the orders in this proceeding be not sent to the Election Commission of India (ECI). 4.

The counsel for the judgment-debtor Mr. Rajpal Naurang Yadav states that it is in the discretion of the Court. 5.

Issue fresh notice to the unserved noticees in terms of order dated 10th November, 2016. The decree-holder is also permitted to serve the unserved noticees by all modes including electronic, courier and also by publication in the Hindustan Times and Hindustan newspapers. 6.

The decree-holder is also permitted to inform the ECI of the orders in these proceedings.

7.

The counsel for the noticee viz. Kay Dee Corporate Advisors Pvt. Ltd. states that out of Rs.21 lacs due to the judgment-debtor Mr. Rajpal Naurang Yadav, Rs.10 lacs was paid and the judgment-debtor Mr. Rajpal Naurang

Yadav agreed to write-off Rs.11 lacs. He states that an affidavit to the said effect will be filed within four weeks.

8.

The counsel for the noticee Percept Pictures also seeks time to file an affidavit within four weeks.

9.

The counsel for Mr. Sanjay Sharma also states that the affidavit as ordered in para no.15 of order dated 10th November, 2016 shall be filed within four weeks.

10.

Allowed.

11.

Advance copies of the affidavits be furnished to the counsel for the decree holder as well as to the counsel for the judgment-debtors. 12.

The Registry to ensure that the notices are issued within one week of the decree-holder taking steps.

13.

The judgment-debtors to within four weeks file copies of the income tax returns since the accounting year 2012-13 onwards with advance copies to the counsel for the decree-holder.

14.

List on 29th March, 2017.

RAJIV SAHAI ENDLAW, J JANUARY 20, 2017 „gsr‟..