HC issues notice to SDM for non-compliance with order
Feb 08, 2022
New Delhi [India], February 8 : The Delhi High Court on Monday issued a notice to the Sub-Divisional Magistrate (SDM) of Hauz Khas for noncompliance with its orders.
A valuation report was called by the Court of the Joint Registrar with regard to a property furnished as a guarantee by a surety but was not filed.
Justice V Kameswar Rao ordered, "Let a court notice be issued to the Anuj Kumar Bhati, SDM, Hauz Khas for his appearance before this court on 9 February 2022."
The bench said that it is seen that the concerned SDM has not complied with the orders of the learned Joint Registrar dated February 2, 2022, wherein the SDM was to submit a report with regard to the ownership, possession, valuation, encumbrances and notify the present status of the property at Safdarjung Enclave in New Delhi.
The Joint Registrar has directed the SDM to expedite and sent the valuation report at an early date. It appears that the direction has not been carried out, the court said.
The matter was listed before the bench of Justice Rao on the basis of an order passed by the Joint Registrar. The order said, "In compliance of order dated February 2, 2022, the counsel for the petitioner has filed an affidavit of service regarding the supplying the order on the same day to the SDM concerned. Despite the supply of the order physically on February 4, 2022, neither the report has been forwarded by the SDM nor has any other communication been received from the said office.
The high court on January 24, 2022, allowed an application filed by Sanjay Soni for suspension of LOC. It was directed that the petitioner shall furnish security of a sum of Rs 5 crore to the satisfaction of the Registrar General of the High Court in the form of FDR, a Bank Guarantee, or unencumbered immovable property of the same value belonging to the petitioner or any of his relatives.
The Court had also said that if the security already furnished, pursuant to the order dated November 18, 2021, has not been released to Vijay Gupta, if he agrees, the same shall be considered, subject to a fresh valuation report is called for from the concerned authority.
This matter was listed before the joint registrar for further proceeding on February 2, 2021. Joint Registrar had passed an order which said Verification report/ market valuation report from the SDM concerned with respect to property furnished as security by surety Vijay Gupta is still awaited since long.
