HARYANA SHEHRI VIKAS PRADHIKARAN Vs. BAZEL INTERNATIONAL LIMITED

JUDGEMENT

(1.) The brief background of the present lis needs to be gone into before passing the order on the instant revision petition.

(2.) Haryana Shehri Vikas Pradhikaran (in short, 'HSVP') also known as Haryana Urban Development Authority (HUDA) formed under the Haryana Urban Development Authority Act, 1977, in the year 1990 issued an advertisement and brochure for allotment of freehold institutional plots in Sector 32, Gurugram.

(3.) M/s Trident Projects Limited, a company incorporated under the Companies Act, 1956 was allotted a freehold plot No.43 in Achlon, Sector 32, Gurugram (Haryana) measuring 2035 square meters. It is during the course of time, unable to bear the entire cost of development of the plot as per requirements of HUDA, the allottee secured permission and collected funds from third party by way of contribution and allocated various units to them through conveyance deeds and which allottees formed a Society under the name and style of Trident Jade Housing Services Society. It is during the course of events, a dispute arose leading to filing of a civil suit bearing No.1219 of 2002 by one M/s Bazel International Limited (in short, 'the decree-holder') against M/s Trident Projects Limited and as is not displaced that the judgment and decree dtd. 28/8/2006 was passed by the Delhi High Court against M/s Trident Projects Limited. Numerous litigations have ensued against this property and which have since been laid to rest. The Delhi High Court vide order dtd. 3/2/2017 transferred the execution petition so filed by M/s Bazel International Limited to a Court under the jurisdiction of this Court at Gurugram. Unable to pay the decree-holders the property of the JDs, the Executing Court of Additional District Judge-cum-Special Commercial Court, Gurugram had ordered sale of the property and in which M/s Adiraj Garments LLP (New Delhi) was declared as the auction purchaser vide orders dtd. 18/3/2019 of the Executing Court.