Patiala House Court issued warrant for attachment of Bikaner House in Delhi
New Delhi: A warrant for the attachment of Delhi’s Bikaner House, which belongs to the Nagar Palika Nokha of Rajasthan, was issued by the Patiala House court in Delhi. In an execution case involving an arbitral ruling in favor of M/s Infra Engineers Private Limited, an order has been issued.
Vidya Prakash, the District Judge (Commercial), issued the attachment order after seeing that the instructions were not being followed.
“The Court agrees with the submissions made on behalf of Decree Holder (DH) and finds it a fit case for the issuance of warrants of attachment against the immovable property of JD, namely Bikaner House, New Delhi, given the aforementioned facts and circumstances as well as the fact that the Judgement Debtor (JD) had not complied with the direction to furnish an affidavit of their assets despite being given multiple opportunities.
“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,” according to the Court’s November order. 18.
Additionally, the court has ordered the JD to show up on November 29 for the next hearing.
The goal of the current execution petition is to have the arbitral judgment dated passed by the Ld. Arbitral Tribunal on January 21, 2020. Unquestionably, the JD had filed an appeal against the aforementioned arbitral ruling under section 34 of the Arbitration and Conciliation Act, 1996, with OMP(COMM) NO.178/2023, headed “Nagar Palika, Nokha, State Of Rajasthan v. M/S Enviro Infra Engineers Pvt. Ltd.” However, the court stated that on January 24, 2024, the aforementioned petition was dismissed.
The DH Counsel has advocated for the issuing of attachment warrants on JD Bikaner House’s real estate in New Delhi.
