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High Court of DelhiO.M.P.(I) (COMM.)/506/2017

Pnb Housing Finance Limited v. B M Mahesh & ANR.

2018-03-05Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 506/2017 PNB HOUSING FINANCE LIMITED ..... Petitioner Through:

Mr Nishant Maidasani, Advocate.

versus B M MAHESH & ANR.

..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 05.03.2018 1.

None appears for the respondents despite service. 2.

The petitioner has filed the present petition, inter alia, praying as under:- "a) Pass an order to the respondents to file an affidavit giving full details and particulars of all their respective moveable, immovable, tangible and intangible assets including bank accounts and demat accounts within such time as this Hon'ble Court deems fit and proper.

b) Pass an ad interim exparte order to restrain the Respondents from disposing off, selling, alienating, transferring or creating any encumbrance, charge or third party interest in any manner, whatsoever; in respect of the property bearing no NO 46, RAILWAY COLONY, LOTTEGOLLAHALLI VILLAGE, BANGALORE, KARNATAKA-560094, c) Restrain the Respondents in respect of the property bearing NO 46, RAILWAY COLONY, LOTTEGOLLAHALLI VILLAGE, BANGALORE, KARNATAKA-560094, from

disposing off, selling, alienating, transferring or creating any encumbrance, charge or third party interest in any manner, whatsoever;"

3.

The present petition was moved on 04.12.2017 and an ad interim order was passed by this Court restraining the respondents from disposing of, selling, alienating or transferring or creating any encumbrances or third party interest in respect of the property bearing No. 46, Railway Colony, Lottegollahalli Village, Bangalore, Karnataka - 560094 till the next date of hearing.

4.

The learned counsel appearing for the petitioner states that the petitioner has already taken steps for appointment of an arbitrator. 5.

In view of the averments made in the petition, this Court considers it apposite to confirm the aforesaid order till the conclusion of the arbitration proceedings. This is subject to the petitioner ensuring that an Arbitral Tribunal is constituted within a period of ninety days from today. 6.

The petition is disposed of.

VIBHU BAKHRU, J MARCH 05, 2018 RK