हिंदी
Chandigarh, December 17 2021
The Haryana Real Estate Regulatory, Authority, Gurugram today while hearing execution petition(s), titled Satish Kumar Chawla vs Sepset Properties Private Limited and G.S Datt vs Supertech Limited for the execution of decree(s) passed by it against the promoter(s) namely Sepset Properties Private Limited and Supertech Limited passed orders of arrest to show cause as to why they should not be detained in civil imprisonment against the managing director of Sepset Properties Private Limited namely Sh. Adesh Kumar Tyagiand directors and managing director of Supertech Limited namely Shri Ram Kishore Arora; Shri Anil Kumar Jain; Sh. G.L Khera, Sh. Anil Humar Sharma, Ms. Mandeepa Joshi and Shri Pradeep Kumar Goel (Managing Director) for non-compliance of the directions of the authority by not satisfying the decree passes by it.
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Earlier, in the case titled Satish Kumar Chawla vs Sepset Properties Private Limited the authority had ordered attachment of bank account of the judgment debtor with the Indusland Bank, Barakhamba Road, New Delhi. However, despite receipt of notice and reminder to the notice, the bank manager failed to comply with orders passes by the authority nor did he submit any report in this regard.
Taking a serious view of this omission on part of the bank manager, the authority directed issuance of show cause notice to him as to why proceedings for non-compliance of order passed by the authority should not be initiated against him. Also, the authority issued a notice against the bank manager to appear before the authority for oral examination in case no reply to the warrants of attachments issued by the authority with a direction to remit the decretal amount in favour of decree holder by way of producing demand draft in the registry within a time frame of 15 days. However, despite the several notices the bank manager failed to make appearance before the authority, in such situation the authority came heavily on the bank manager and directed the bank manager to furnish security of Rs 50,000 for his due appearance otherwise in default he shall be committed to civil prison.
Further, the authority had directed the judgement debtor “Sepset Properties Private Limited” through its managing director to submit a list of its assets to satisfy the decree and also to produce books and documents with regard to assets of the judgement debtor and also file an affidavit with regard to its assets. Despite receipt of notice the managing director of the promoter company failed to respondnor put appearance before the authority.
For this dis-obedience the bench of the Haryana Real Estate Regulatory Authority, headed by its Chairman, Dr. K.K. Khandelwal during the hearing of the execution petition, today,directed that managing director of the judgement debtor firm be arrested and brought before the authority through the Commissioner of Police, Gurugram to show cause as to why he should not be detained in the civil prison.
In a similar matter titled G.S Datt vs Supertech Limited, against the promoter “Supertech Limited”, the authority for dis-obedience of its orders by way of non-appearance of the directors of the judgment debtor firm for examination to ascertain whether any or what debts are owing to the judgement debtor and whether the judgement debtor has any and what other property of satisfying the decree today directed that the directors and the managing director of the judgment debtor be arrested and brought before the authority through the Commissioner of Police, Delhi and concerned SHO(s) of the police station(s) where the registered office and the residence of the judgement debtor corporation is located, to show cause as to why they should not be detained in civil imprisonment. These decision of the authority are very significant and shall send across a clear message to all errant promoters who attempt to evade compliance of the directions of the authority or satisfaction of its decree on one pretext or the other.
The Haryana Real Estate Regulatory Authority, Gurugram is committed to ensure that the homebuyers get relief in the true sense and this shall only happen when the decree passed by the authority are satisfied by the judgement debtor. In cases where the judgement debtor evades the compliance of the directions of the authority or fails to satisfy the decree passed by it, the authority is constrained to adopt corrosive actions against the violators.
