Court issues attachment warrant of Bikaner House in Delhi
Nov 21, 2024
New Delhi [India], November 21 : Delhi's Patiala House court has passed a warrant for attachment of Delhi's Bikaner House, which is owned by the Nagar Palika Nokha of Rajasthan.
This order has been passed in an execution matter for an arbitral award passed in favour of M/s Infra Engineers Private Limited.
District Judge (Commercial) Vidya Prakash passed the order of attachment after noting the non-compliance of directions.
"Keeping in view the aforesaid facts and circumstances and the fact that the Judgement Debtor (JD) had failed to comply with the direction for furnishing an affidavit of their assets despite the grant of repeated opportunities, Court while agreeing with the submissions made on behalf of Decree Holder (DH), finds it a fit case for issuance of warrants of attachment against immovable property of JD namely Bikaner House, New Delhi.
"Whereas you have failed to satisfy an Award passed against you on the 21st day of January 2020, in favour of M/s Enviro Infra Engineers Pvt. Ltd. for Rs. 50,31,512, It is ordered that you, the said Nagar Palika, Nokha, State of Rajasthan, be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise," the Court said in the order passed on November 18.
The court has also directed the JD to appear on the next date of hearing on November 29.
The present execution petition is filed seeking enforcement of the arbitral award dated
21-01-2020 passed by Ld. Arbitral Tribunal. It is an undisputed fact that the JD had preferred petition u/s 34 of the Arbitration and Conciliation Act, 1996 bearing OMP(COMM) NO.178/2023 titled "Nagar Palika, Nokha, State Of Rajasthan v. M/S Enviro Infra Engineers Pvt. Ltd." against the aforesaid arbitral award. However, the said petition was dismissed on 24-01-2024, the court noted.
The Counsel of DH had pressed for the issuance of warrants of attachment in respect of the immovable property of JD Bikaner House, New Delhi.
