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$-22 HIGH COURT OF DELHI
CCP(CO.) 23/2010 in CP No. 458/1999
M/S UNICORP INDUSTRIES LTD Petitioner
Through: Mr Ashish Makhijawith Mr Inderjeet Singh, Advs.
CCP(CO.) 23/2010 in CP No. 458/1999
M/S UNICORP INDUSTRIES LTD Petitioner
Through: Mr Ashish Makhijawith Mr Inderjeet Singh, Advs.
VERSUS
SH. B.R. CHATTERJEE &ANR. Respondent
Through: Mr SSMann, Adv. for Pegasus Assets Reconstructions Pvt Ltd.
Mr Arvind Sharma, Adv. for ex- management.
Through: Mr SSMann, Adv. for Pegasus Assets Reconstructions Pvt Ltd.
Mr Arvind Sharma, Adv. for ex- management.
CORAM:
HON'BLE MR. JUSTICEMANMOHAN ORDER o/o 19.07.2011
The present contempt petition has been filed seeking action against the respondent for allegedly taking over forcible physical possession of basement of242-243 Udyog Vihar, Phase-I, Gurgaon, Haryana.
Though Mr Makhijastates that the Official Liquidator, who was m settled possession ofthe basement has been forcibly evicted, Mr Mann has drawn my attention to this Court's orders dated 1^^ September, 2008, f""
November, 2008 and 8^^ May, 2009 as well as to the periodic status reports filed by the Official Liquidator. From the said orders and reports, it is apparent to this Court that the respondent had been granted permission to
2011:DHC:9216 A initiate proceedings under the Securitization and Reconstructions of
Financial Assets and Enforcement ofSecurity Interest Act, 2002 but there is no specific order permitting the respondent to take over physical possession ofthe premises inquestion.
To place the matter beyond controversy, Mr Mann at this stage, without prejudice to its rights and contentions, suggests that the respondent would hand back physical possession of the basement of the premises in question to the Official Liquidator within aperiod oftwo days. He further states that after handing over possession to the Official Liquidator the respondent would file an application seeking prior permission ofthis Court to take over physical possession of the basement. Respondent is granted liberty to file the application immediately after handing over possession to the Official Liquidator. Recording Mr Mann's consent, the contempt
, proceedings initiatedby the Official Liquidator is dropped.
^ With the aforesaid liberty, the present contempt petition stands disposed of.
JULY 19,2011 mb MANMOHAN,J 2011:DHC:9216
The present contempt petition has been filed seeking action against the respondent for allegedly taking over forcible physical possession of basement of242-243 Udyog Vihar, Phase-I, Gurgaon, Haryana.
Though Mr Makhijastates that the Official Liquidator, who was m settled possession ofthe basement has been forcibly evicted, Mr Mann has drawn my attention to this Court's orders dated 1^^ September, 2008, f""
November, 2008 and 8^^ May, 2009 as well as to the periodic status reports filed by the Official Liquidator. From the said orders and reports, it is apparent to this Court that the respondent had been granted permission to
2011:DHC:9216 A initiate proceedings under the Securitization and Reconstructions of
Financial Assets and Enforcement ofSecurity Interest Act, 2002 but there is no specific order permitting the respondent to take over physical possession ofthe premises inquestion.
To place the matter beyond controversy, Mr Mann at this stage, without prejudice to its rights and contentions, suggests that the respondent would hand back physical possession of the basement of the premises in question to the Official Liquidator within aperiod oftwo days. He further states that after handing over possession to the Official Liquidator the respondent would file an application seeking prior permission ofthis Court to take over physical possession of the basement. Respondent is granted liberty to file the application immediately after handing over possession to the Official Liquidator. Recording Mr Mann's consent, the contempt
, proceedings initiatedby the Official Liquidator is dropped.
^ With the aforesaid liberty, the present contempt petition stands disposed of.
JULY 19,2011 mb MANMOHAN,J 2011:DHC:9216
JUDGMENT