Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CS (COMM.)146/2023
Kanta Bhalotia
Vs.
Real Growth Commercial Enterprises Ltd. & Ors.
14.03.2023
Fresh suit received on assignment. It be checked and
registered.
Present: Sh. Aayush Kuchhal and Sh. Ronak Bhalotia, Ld.
Counsels for the plaintiff.
Plaint as well as documents filed alongwith the same
perused.
The plaintiff has not affixed the requisite court fees on
the plaint.
Let the requisite court fee be submitted by tomorrow
positively.
The plaintiff has also not gone for Pre-Institution
Mediation. An application has been filed seeking exemption from
the same. Since the plaintiff is claiming urgent interim relief by
way of application under Order XXXIX Rules 1 & 2 CPC, he is
not required to go for Pre-Institution Mediation.
Plaintiff has made all other compliances under the
Commercial Courts Act.
Issue summons to the defendants through all
permissible modes on filing of PF within one week from today.
Ld. Counsel has pressed upon the application under
Order XXXIX Rules 1 & 2 CPC. Heard.
Cont..........
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It is submitted by the Ld. Counsel for the plaintiff that
the plaintiff has purchased the suit property i.e Unit No. G-57,
Ground Floor, Area 151 sq feet, located in Local Shopping
Centre, Opposite Plot No. 39, Pragati Sheel Apartment, Sector 9,
Rohini, Delhi -110085 from the defendant no. 1 vide agreement
to sell dt. 26.04.2018 for a total sale consideration of Rs. 29 Lacs.
It is further submitted that the plaintiff has paid Rs. 26 Lacs out
of the total sale consideration to defendant no. 1 vide two
cheques which have been duly honoured and possession of the
suit premises was also handed over to the plaintiff on 15.05.2018.
The Ld. Counsel further argued that the defendant no. 1 had
concealed from the plaintiff the fact that the suit premises had
been mortgaged to defendant no. 2 bank. It is submitted that the
defendant no. 2 has initiated proceedings against defendant no. 1
under SARFAESI Act, 2002. It is pointed out that vide order dt.
07.02.2023, the Ld. CMM, North District, Rohini Courts Delhi
has appointed defendant no. 3 as Receiver to take possession of
the suit premises. It is further pointed out that in pursuance to
the sale notice issued by the defendant no. 2 bank in respect of
the suit premises, the auction is to take place today itself. It is
submitted that infact the auction is in progress at this time. The
Ld. Counsel argued that the plaintiff shall suffer irreparable loss
in case the suit premises is auctioned as he has already paid
almost 85 % of the sale consideration way back in 2018 and is a
bonafide purchaser for the value as well as in possession of the
suit premises since then.
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In view of the avernments contained in the plaint and
the submissions made by Ld. Counsel, noted herein above, the
order of the Ld. CMM dt. 07.02.2023 is hereby stayed so far as it
relates to the suit premises. Further, the auction of the suit
premises is also hereby stayed and in case the suit premises has
already been auctioned before this order is communicated to the
concerned authorities, no further proceedings shall be taken in
pursuance to the auction till further orders of this Court.
The plaintiff shall comply with the provisions of
Order XXXIX Rule 3 CPC
List on 06.04.2023. Copy of this order be given dasti
to Ld. Counsel for the plaintiff.
(VIRENDER BHAT)
District Judge (Commercial Court)
North:Rohini:Delhi/14.03.2023
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