Full Text
HIGH COURT OF DELHI
Date of Decision: -11th December, 2023.
DINESH MITTAL & ORS. ..... Petitioners
Through: Mr. Rajeev Saxena, Adv. (M.9953468205)
Mr. Abhimanyu Bhandari, Ms. Nattasha Garg, Mr. Ragav Alok, Mr. Thakur Ankit Singh, Mr. Abhay K.
Das, Advs. (Applicant in CA 545/20, CA655/20,CA/444/22) (M.
9654998650)
Dr. Vijay Kumar Shukla, Ms. Nupur Shukla & Mr. Anirudh Gulati, Advs.
(M. 8851166182)
Mr. Jay Savla Sr. adv, Mr. Prabhat Chaurasia Mr. Rajpal Singh Advs.
Applicant /Sicom Ltd CA/ 634/2023, CA 50/2023 (M. 9873849435)
Mr. Jay Savla Sr. Adv, Mr. Prabhat Chaurasia, Mr. Rajpal Singh Advs.
Applicant Sicom Ltd CA 634/2023 (M. 9873849435)
Mr. Raghav Alok and Ms. Vasudha Trivedi, Advs. for applicants in CAs
904-05/2023, 787/2023, 790/2023, 786/2023, 789/2023.
Mr. A.K. Mishra, Adv. for applicant in CA 798/2023.
Mr. Sangram Patnayak and Mr. Himanshu Singhal, Advocates for applicant. (M: 9717514738)
Through: Mr. Akhil Sibal, Sr. Adv. Mr. Deepak Agarwal, Ms. Aarohi Mikkilineni, Ms. Deboshree, Mr. Madhur Mittal
Advs. and Mr. Sumit Mittal in person (Ex - Directors) Respondent
Company under Liquidation (M.
9650290474)
Ms Ruchi Sindhwani, Ms Megha Bharara, Advs. Official Liquidator
(M. 9811533510)
C2
SH. SAMEER SHARMA ..... Petitioner
Through: Mr. Abhimanyu Bhandari, Ms. Nattasha Garg, Mr. Raghav Alok &
Mr. Abhay K Das, Advocates.
Through: Mr. Akhil Sibal, Sr. Adv. Mr. Deepak Agarwal, Ms. Aarohi Mikkilineni, Ms. Deboshree, Mr. Madhur Mittal
Advs. and Mr. Sumit Mittal in person (Ex - Directors) Respondent
Company under Liquidation Ms Ruchi Sindhwani, Ms Megha
Bharara, Advs. Official Liquidator (M. 9811533510)
JUDGMENT
1. This hearing has been done through hybrid mode. CO.APPL. 769/2023, 785/2023, 786/2023, 787/2023, 798/2023, 904/2023 (for delay) in CO.PET.39/2009
2. These are applications moved by various allottees seeking condonation of delay in filing the claims with the Official Liquidator (OL).
3. The details of the amounts paid by the said Applicants are as under: Application No. Name of the Applicant Amount paid Project name CO.APPL. 769/2023 Mr. Rajeev Garg Rs. 9,20,790/- Triveni Signature, Sector 89, Faridabad, Haryana CO.APPL. 785/2023 Ms. Prabha Garg Rs 13,36,985/- Triveni Signature, CO.APPL. 786/2023 Mr. Alok Kumar Rs. 10,15,828/- Triveni Signature, CO.APPL. 787/2023 Mrs. Madhu Gupta Mr. Anil Kumar Gupta Rs. 26,93,681/- Triveni Galaxy, Sector 78, CO.APPL. 798/2023 Mrs. Nirmal Sharma Rs 12,36,409/- Triveni Galaxy, CO.APPL. 904/2023 Mr. Anil Kumar Bhatnagar Mrs. Kumkum Bhatnagar Rs.24,60,025/- Triveni Galaxy,
4. In view of the fact that the claims are currently being processed by the OL, the delay is condoned. Let the claims be filed by the Applicants, with the OL within six weeks.
5. The same shall be processed in accordance with the law.
6. Accordingly, these applications are disposed of. CO.APPL. 767/2023, CO.APPL. 789/2023, CO.APPL. 790/2023, 799/2023, 905/2023 ( for exemption) in CO.PET.39/2009
7. These applications have been filed by the Applicants seeking exemption from filing true/correct/original copies of the documents filed along with the applications.
8. Allowed subject to all just exceptions.
9. Accordingly, these applications are disposed of. CO.APPL. 756/2023 in CO.PET.39/2009
10. This is an application filed by the Applicant - Mrs. Bimla Devi seeking directions to restrain Respondent No.2 - M/s Dalcore Industries Pvt. Ltd. from raising construction or dealing with, parting, transferring, assigning, selling, and/ or creating any third party interest or impediment in respect of land admeasuring 3 Kanals 2.[5] Marla, Garhi Alawalpur, Sub- Tehsil Dharuhera, Tehsil & District Rewari, Haryana (hereinafter, ‘Garhi Alawalpur land’).
11. The Applicant claims to be the owner of the said land.
12. The grievance of the Applicant is that by an auction dated 14th March, 2022 directed by this Court, the Respondent No.2 had purchased the said land along with several other properties, on the basis of a wrong notion that the said land vested unto ex-management of the company (in liqd.) i.e. Respondent No.1 - Triveni Infrastructure Development Co. Ltd (TIDCO).
13. It is submitted that the earnest money of Rs.3,40,000/- was paid, however, the remaining amount of Rs.64,60,000/- was not paid by TIDCO. Cheques were issued by TIDCO for a total sum of Rs.80,16,000/- along with interest of Rs. 48,00,000/- totalling Rs.1,28,16,000/- but the said cheques could not be realised and the amounts have also not been paid.
14. Accordingly, prayer in this application is for restraining Respondent No. 2 from creating any third-party interest in the Garhi Alawalpur land.
15. Ms. Sindhwani, ld. Counsel for the OL submits that possession of the said property was taken over by the OL in 2014. Thereafter, the said land stands auctioned as directed by the Court.
16. It is noticed that the Applicant is approaching this Court extremely belatedly after the said land has been auctioned and accordingly, the first question that would deserve to be considered is whether the relief sought in the application is even maintainable after such a long delay.
17. Issue notice.
18. Let the OL and the ex-management of TIDCO file a reply within four weeks. Rejoinder, if any, be filed within four weeks.
19. List on 27th February 2024. CO.APPL. 476/2013, 477/2013, 330/2016, 695/2016, 72/2021, 180/2021, 181/2021 in CO.PET.39/2009
20. These applications have been filed by M/s Zion Promoters & Developers Pvt. Ltd. (hereinafter, ‘ZION’).
21. In view of the directions passed in paragraph 33 of the order dated 10th October 2023, the above applications are adjourned to 27th February,
2024. CO.APPL. 69/2023 in CO.PET.39/2009
22. This application has been filed by Mr. Brij Nath Gupta, ex-director of TIDCO to implead the Resolution Professional as a proper party in the present case.
23. In view of the order passed on 10th October 2023, this application is infructuous and is accordingly disposed of. CO.APPL.5/2021, OLR 114/2018 & OLR 98/2023 in CO.PET.39/2009
24. The present application has been filed by the legal heirs of Late Shri Chander Bhan, who was the owner of the land admeasuring 2 Kanals 13-1/4 Marlas comprising in Khewat No.121, Khatoni No.136, Rect. No.31, Killa No.2(8-0), Kita-1 measuring 8 Kanals and Khewat No.122, Khatoni No.137, Rect. No.28, Killa No.19(8-0), 22(8-0), Rect. No.31, Killa Nos.9/2(7-3), 12/1(5-17) Kita-4 measuring 29 Kanals, grand total 31 Kanals 13-1/4 Marlas, situated within the revenue estate of Village Faridpur, Tehsil & Distt. Faridabad, Haryana (now falling in Sector-78, Faridabad, Haryana) (hereinafter, ‘Faridpur property’).
25. Late Shri Chander Bhan passed away on 19th December 2016. He is survived by the following legal heirs: a) Smt. Bhagrati (Applicant No. 1) W/o Late Sh. Chander Bhan R/o Village Faridpur Tehsil Faridabad, Haryana b) Smt. Jagrati (Applicant No. 2) W/o Late Sh. Chander Bhan c) Vishal Khatana (Applicant No. 3) S/o Late Sh. Chander Bhan d) Kusum (Applicant No. 4) D/o Late Sh. Chander Bhan e) Nisha (Applicant No. 5) f) Manisha (Applicant No. 6) g) Sheetal (Applicant No. 7)
26. Today, Mr. Vishal Khatana son of late Shri Chander Bhan appears and submits that he has been authorized by his mother, stepmother, four sisters and M/s Asian Townsville Farms Pvt. Ltd. to represent them before this Court.
27. It is submitted by Mr. Sangram Pattnaik, ld. Counsel, on behalf of Mr. Vishal Khatana that a sale deed was entered into by Late Shri Chander Bhan on 7th March, 2006 for the sale of the Faridpur property for a total sale consideration of Rs.3,68,12,300/- to TIDCO. Out of the sale consideration, 25% was paid and Rs.2,76,09,225/- was the balance unpaid amount.
28. Aggrieved by the non-payment of the balance amount by TIDCO, Late Shri Chander Bhan filed the civil suit before the Civil Judge, Faridabad being Civil Suit No. RBT 269 titled Chander Bhan v. M/s Triveni Infrastructure Development Co. Ltd. & Sh. Rajiv Aggarwal for declaration and consequential relief of mandatory and permanent injunction. The said suit was decreed vide judgment dated 3rd March, 2016 in the following terms:
29. Subsequently, the legal heirs are stated to have visited the said land and learnt that the possession of the same was with the OL.
30. It is submitted by the Mr. Patnaik, ld. Counsel for the Applicants that the Applicants are the bonafide owners of the Faridpur property. The Applicants have, also made an offer of settlement to the OL on 5th October,
2023.
31. Ms. Ruchi Sindhwani, ld. Senior Standing counsel appearing for the OL submits that the OL has received an offer of settlement. However, going by the said offer, as per which the Applicants are willing to sell the said land at the current agricultural circle rate, the amount which would be liable to be paid as per the circle rate, cannot be more than Rs.1.70 crores per acres. She has placed on record the details of the notified agricultural circle rates for the area at Faridpur, Haryana which shows that between 1st January, 2022 to 31st March, 2023 the circle rate is Rs.1.30 crores per acre and between 1st April, 2023 till 31st March, 2024 the circle rate is 1.70 Crores per acre.
32. Ld. Counsel for the Applicants on instructions from Mr. Vishal Khatana, S/o Late Shri Chander Bhan submits that the Applicants would like to resolve this issue and that the Court ought to fix a reasonable amount of compensation to the Applicants owing to the decree, which is currently operating in their favour.
33. Mr. Vishal Khatana upon being queried by the Court submits that he represents all the legal heirs of his father i.e. Late Shri Chander Bhan. He has handed over a document dated 25th May, 2017 titled Dastbardarinama (Relinquishment Deed) on behalf of his mother, stepmother and sisters. Further, the offer of settlement dated 5th October 2023 is also signed by all the legal heirs of Late Shri Chander Bhan. Thus, this Court proceeds on the basis that Mr. Vishal Khatana represents all the legal heirs of Late Shri Chander Bhan.
34. The Court has considered the matter. The said Faridpur property is located in the middle of the TIDCO property at Sector-78, Faridabad, Haryana where the development of various projects has taken place. The map has been reproduced even in the previous order dated 10th October,
2023.
35. The Civil Judge, Faridabad has already decreed the suit in favour of Shri Chander Bhan. It is relevant to note that the said suit has proceeded with the Defendant company i.e., TIDCO being in default and no evidence appears to have been led on behalf of the Company. In view of the decree, which has been passed, the revenue records are stated to have been duly updated reflecting Late Shri Chander Bhan and his legal heirs as absolute and bonafide owners of the land. Irrespective of the same, the decree stands as on date and 75% of the total sale consideration is admittedly not paid to Shri Chander Bhan.
36. The Applicants have, recently, made an offer of settlement to the OL on 5th October, 2023. As per the said offer, in view of the decree passed by the Civil Judge, Faridabad the Applicants claim a total sum of Rs.19,89,00,000/- for the Faridpur property from the OL. The Applicants are willing to give up right in the same, if the said amount is paid.
37. At this stage, the Court has to balance the equities between the parties and also to large number of allottees of TIDCO, who are before this Court and who need expedited resolution for the disputes herein.
38. Under these circumstances, even if the Court calculates a reasonable interest rate on the outstanding balance consideration of the sum of Rs.2.76 crores, the sum would be of substantial as the interest would be liable to be paid for a period of 17 years. In addition, going by the calculation handed over as Rs.1.70 Crore per acres, even this amount is quite substantial as the total acreage of the Faridpur property is 3.[9] acres.
39. After assessing all these figures on record and in order to ensure that the quick resolution can be arrived at, the Court has put to Mr. Vishal Khatana, who is present in Court, as to whether he is willing to resolve the dispute.
40. Statement of Mr. Vishal Khatana on behalf of all the legal heirs of Shri Chander Bhan has also been recorded today. The statement is extracted below: “I am 24 years old. I have studied till 10th standard. I am currently unemployed. I am the only son of Late Shri Chander Bhan who was the owner of land measuring 31 Kanals 13-1/4 Marlas, in Village Faridpur, Tehsil & Distt. Faridabad, Haryana. I have been authorized by the legal heirs of my father i.e. my mother, stepmother, four sisters, and M/s Asian Townsville Farms Pvt. Ltd. to represent them before this Court. The legal heirs of my father including myself are agreeable to receive a sum of Rs.6.[5] crores as a lumpsum settlement amount from the Official Liquidator in lieu of the decree dated 3rd March 2016 which has been granted in our favor, for the land in question. I have no objection if the land is sold, subject to the payment being received by me. I, however, request that the said amount be paid to me before the execution of the sale deed. It is acceptable to me to receive the said amount by 30th June 2024. If the said amount is not received by the said date, the decree ought to be revived in our favor.”
41. From the above statement it is clear that the Applicants are willing to resolve the dispute for a lumpsum of amount of Rs.6.[5] Crores. He, however, expresses that the amount should be paid to him prior to the final sale deed being executed. Accordingly, it is directed that since the Applicants are willing to settle the dispute in lieu of the decree and give up their rights in the Faridpur property, they shall be entitled to a payment of Rs. 6.[5] crores which is to be paid by the OL to them by 30th June 2024. The above statement and settlement recorded on behalf of Shri Chander Bhan shall be without prejudice to the rights and contentions. In case the amount is not paid to him, the decree dated 3rd March, 2016 would be enforceable/revived by filing an application before this Court.
42. Subject to this, the Court proceeds further for liquidating the land of TIDCO as directed below.
43. In view of the statement made by the Applicants, there is no impediment in putting the entire land to sale.
44. Let the said process be expedited and in any case be completed by 30th June 2024. The earnest money, or any other amounts realised qua the Faridpur property, shall be paid to the Applicants at the earliest. Triveni Galaxy Project - Sector 78, Faridabad
45. Insofar as the Triveni Galaxy Project, situated at sector 78, Faridabad is concerned, vide order dated 10th October, 2023, it was directed that the land claimed by ZION and M/s Pal Infrastructure and Developers Pvt. Ltd. (hereinafter, ‘PAL’) shall have to be delineated. The relevant part of the said order is as under:
46. Today, it is submitted by ld. Counsel for the OL that TIDCO land in Sector 78, Faridabad, Haryana is to the tune of approximately 37.344 acres, out of which in terms of the orders passed on 10th October, 2023, the lands claimed by ZION and PAL have been delineated. Thus, in view of the peculiar facts, as recorded in the order dated 10th October, 2023, the total land that would now be put to sale is to the tune of 30.254 acres (26.296 + 3.958).
47. Further, vide order dated 10th October, 2023 the Court had directed the OL to place on record the valuation report of the said land.
48. There are three valuation reports, which have been placed on record. The first report dated 8th October, 2023 filed by M/s Nagpal & Associates provides that the valuation of the land at the rate of Rs.11 crores per acre is Rs.550 Crores (including towers in possession of ZION) and the value of the towers of ZION at Rs.79.60 crores.
49. A revised report dated 7th November, 2023 has been filed by M/s Nagpal & Associates after deleting the land of ZION and PAL. In this report, the value has been fixed at Rs.19.[5] crores per acre. Considering that the total acreage is 30.254 acres, the valuation comes approximately to Rs.590 Crores.
50. A third valuation report dated 8th November, 2023 has been submitted by Shri Sachin Goel to the OL. In the said report, the valuation is on the basis of the valuation of the towers, which are partly constructed. The monetary valuation that has been given in the said report is as under: Fair Market Value (Land & Building ) INR 5,36,81,32,000/- Realisable Value (Land & INR 4,59,62,60,000/- Distress Sale Value (Land & INR 3,87,54,42,000/- Liquidation value (Land & INR 3,20,15,47,000/copy
51. After going through the aforementioned valuation reports and in view of the fact that one of the main impediments i.e. decree in favour of late Shri Chander Bhan now stands resolved, this Court is of the opinion that the valuation of land is to be now accepted and the sale of the land of Triveni Galaxy Project at Sector 78, Faridabad is to be proceeded with.
52. At this stage, it has been pointed out by Director Town & Country Planning, Haryana (DTCP) that the DTCP license in relation to this land has expired in 2009 and the same would have to be renewed. Mr. Suraj Katiyal Planning Assistant and Mr. Lalit Bazad, DTP (HQ) are present in Court. They submit that the license can be renewed provided the dues of DTCP are paid.
53. Mr. Madhur Mittal, Ex - Director of TIDCO who is present in Court, points out that there is a scheme launched by the DTCP called Samadhan Se Vikas Scheme Haryana, 2022 as per which, subject to payment of the EDC and IDC charges, the issue of the DTCP license could be resolved at a lesser amount.
54. Ms. Ruchi Sindhwani, ld. Counsel for the OL points out that a letter dated 27th September, 2023 has been written to the DTCP, Haryana for consideration under the said scheme.
55. The Court is of the opinion that the correct approach at this stage would be to proceed by the value of the land per acre, inasmuch as a large amount of the land is still not yet constructed and most of the towers are partly constructed. The Court is, therefore, inclined to accept the valuation provided by M/s Nagpal & Associates vide the valuation report dated 7th November, 2023. Going by the conservative estimate as per the said report, this Court is of the opinion that the first attempt to sell off this land of Triveni Galaxy Project at Sector 78, Faridabad ought to be with a reserve price of Rs.550 crores.
56. Insofar as the issue of DTCP license is concerned, since the towers are already partly constructed and the land at Sector 78, Faridabad is no longer a simple agricultural land, the DTCP license in favour of TIDCO is liable to be renewed subject to payment of any renewal fees that is due. This would also be in the interest of the hundreds of investors who are anxiously awaiting the resolution of these disputes and some relief.
57. Accordingly, the DTCP, Haryana shall consider the letter dated 27th September, 2023 sent by the OL and determine the amount to be paid for renewal of the DTCP license under the Samadhan Se Vikas Scheme Haryana, 2022 and place an affidavit before this Court within two weeks.
58. For the said purpose, Mr. Kataria from the OL’s office shall hold a meeting with the officials from the DTCP i.e. Mr. Suraj Katiyal Planning Assistant and Mr. Lalit Bazad, DTP (HQ) at their office in Chandigarh on 14th December, 2023 at 11:30 am. Between 14th /15th December, 2023, the amount for renewal shall be computed and resolved and the same shall be placed on record by way of an affidavit by 20th December, 2023.
59. The said amount shall also be payable from the sale consideration, which would be received after putting the land at Sector 78, Faridabad to sale.
60. List on 20th December, 2023 along with all pending applications listed today.
61. On the said date, the OL shall also place on record the draft sale notice in terms of the above order for the TIDCO land in Sector 78, Faridabad, Haryana excluding the ZION and PAL land. CO.PET.333/2010 & CO.APPLs.2375/2011, 1843/2013, 905/2016, 4542/2016, 4587/2016, 1113/2017, 315/2018, 659/2021, OLR 255/2017
62. List on 20th December, 2023.
PRATHIBA M. SINGH JUDGE DECEMBER 11, 2023/dk/mr/kt