Full Text
EX.P. 72/2012 and CRL.M.A. 5347/2013, EX.APPL.(OS) Nos.
651/2012,127/2014 & 37/2015 DEWAN HOUSING FINANCE
CORPORATION LIMITED Decree Holder
Through: Ms Shweta Kapoor, Advocate alongwith Mr Sushil Gupta (AR).
Through: Mr Puneet Agarwal, Advocate alongwith
JUDGMENT
EX.APPL.(OS) Nos. 650/2012, 525/2013, 938/2014,10/2016, 121/2016 and 189/2016
M/S FIRST BLUE HOME FINANCE LTD Decree Holder
Through: Ms Shweta Kapoor, Advocate alongwith Mr Sushil Gupta (AR).
Through: Mr Puneet Agarwal, Advocate alongwith Judgment Debtor in person.
1. The matter is taken up today since 12.12.2016 was declared a holiday
2. The learned counsel for the Judgment Debtors states that the amount due to the Decree Holder in these petitions stands discharged.
3. The learned counsel for the Decree Holder submits that the Judgment 2016:DHC:8512 (Vjo Debtors had made a One Time Settlement (GTS) offer in respect of these petitions as well as the amounts sought to- be recovered in Ex.P.74/2012. Although the GTS amounts in these two petitions have been discharged but the amounts due in Ex.P.74/2012 still remain to be paid.
4. The learned counsel for the parties further state that the amount being deposited in respect of the rent for SCO 3 & 4, Municipal Corporation, Commercial Area, Railway Road, Hisar, Haryana from HDFC Bank is to be appropriated towards dues ofthe Decree Holder in Ex.P.74/2012.
5. The Judgment Debtor in Ex.P.73/2012 (Mr Sunil Bansal) is present in person. He concurs with the submissions made by the learned counsel for the Decree Holder. In the circumstances, it is directed that the amount (rent) deposited by HDFC Bank in respect of the aforesaid property will be available to the Decree Holder in respect of the dues of Mr Pawan Bansal (which is subject matter ofEx.P.74/2012).
6. In the aforesaid view, the present petitions are disposed of with the liberty to the petitioner to revive the same, in the event the Judgment Debtors fails to fulfil their commitment to pay the dues in Ex.P.74/2012.
DECEMBER 14, 2016 RK VIBHU BAKHRU, J