SURESH KUMAR GOLA Vs. PUJA COOPERATIVE GHS LTD

JUDGEMENT

(1.) THE decree holder filed the present execution under Section 36 of the Arbitration and Conciliation Act, 1996 read with the provisions of the Order XXI of the Code of Civil Procedure, 1908 for attachment of funds of the judgment debtor for a sum of Rs.56,000/- lying in the account of the judgment debtor with SB A/c No.566 Union of India, I.P.Extension Opposite Shanti Mukand Hospital, Near Hargobind Enclave, Delhi and also prayed for attachment of the basement having an area of 1503.17 sq. ft. and stilt portion having an area of 1503.17 sq. ft. over the basement of the judgment debtor M/s Puja Co-operative Group Housing Society by selling the same for satisfaction of the decree. Prayer is also made in the execution that the judgment debtor comprising of 71 members and each member may be directed to pay its share in terms of the decree passed in favour of the decree holder.

(2.) THE court issued the warrants of attachment of the properties as detailed in the schedule of properties dated 15.10.2008 which were executed as far as attachment of immovable properties being basement and stilled portion over the basement of group Housing Society is concerned.

(3.) THE facts of the case are that the work of "construction of 71 Dwelling Units at Plot No.77, I.P. Extension, Patparganj, Delhi" was awarded by M/s Puja Co-operative Group Housing Society Limited (hereinafter called the "Society or the "Respondent") to M/s Kanwarji Construction Company, then a partnership firm, on the basis of tenders invited and their tender having been accepted vide letter of Award dated 16.11.1987, on the terms and conditions mentioned in this award letter, the agreement dated 18.11.1987 was executed between the parties with other tender documents forming part of the contract. THE contract was given for total of Rs.250 lac.