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High Court of Punjab and HaryanaCOCP/899/2020dismissed

Rohit Gupta v. Pardeep Kumar Aggarwal And ORS

2020-03-06Mr. Justice Surinder Gupta2 pages

COCP No. 899 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 899 of 2020 Date of Decision: 06.03.2020 Rohit Gupta

...Petitioner

VERSUS

Pardeep Kumar Aggarwal and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Rohit Gupta, petitioner in person.

******* SURINDER GUPTA, J.(Oral) Heard.

In CWP-28842-2017, following order was passed on 18.12.2017:- "In the meanwhile, the order of provisional attachment shall continue, however, further proceedings shall remain stayed till the next date of hearing. It is also clarified that unless the interim order is specifically extended on the next date of hearing, the same shall cease to operate thereafter." The aforesaid order was extended on the same terms on 13.03.2019 till 23.04.2019 and again ordered to continue vide order dated 21.08.2019.

Petitioner submits that in defiance of above order, respondent no. 5-Kailash Aggarwal has sold two properties of M/s Genex Infratech Ltd. vide sale deeds dated 27.09.2019 (Annexure P-10) and 20.11.2019 (Annexure P-11). He seeks initiation of contempt proceedings against respondent no. 5 and other respondents arrayed in this petition for executing the sale deeds and also for allowing the sale deeds to be executed. JITENDER KUMAR 2020.03.07 12:24 I attest to the accuracy and integrity of this document Chandigarh

COCP No. 899 of 2020 -2From perusal of order dated 18.12.2017, I find that there is no interim order restraining respondents/parties to writ petition from alienating the suit property, as such, execution of the sale deeds (Annexure P-10 and P-11) cannot be termed as violation of order dated 18.12.2017 passed in CWP-28842-2017, calling for initiation of any proceedings against respondents.

This petition has no merit and the same is dismissed. ( SURINDER GUPTA ) March 06, 2020 JUDGE jk Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2020.03.07 12:24 I attest to the accuracy and integrity of this document Chandigarh