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2025 DAILYLAW 118903 (ALL)

M/S JSS BUILDCON PVT. LTD., DELHI EAST THRU. DIRECTOR SHIV PRATAP SINGH v. AJAY KUMAR SINGH

RERA/5/2025 · 2025-02-19

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10848 Court No. - 19 Case :- RERA APPEAL No. - 5 of 2025 Appellant :- M/S Jss Buildcon Pvt. Ltd., Delhi East Thru. Director Shiv Pratap Singh Respondent :- Ajay Kumar Singh Counsel for Appellant :- Anurag Singh,Utkarsh Kumar Hon'ble Manish Mathur,J. 1. Heard Mr. Anurag Singh learned counsel for appellant and Mr. Uma Shanker Singh learned counsel for respondent. 2. Second appeal under Section 58 of the RERA Act has been preferred against order dated 20th December, 2024 passed in E.A.-4116/2022 in appeal No. 286 of 2019. 3. Learned counsel for appellant submits that earlier a complaint by respondent was allowed for a limited scope and was therefore challenged by him in first appeal which was also allowed by means of judgment and order dated 22nd September, 2021, which attained finality. 4. It is submitted that in pursuance thereof, the respondent initiated execution proceedings in which the impugned order has been passed whereby bailable warrant has been issued to the Directors of appellant company to show cause why they may not be prosecuted under Section 64 of the Act of 2016. The bank accounts of the company have also been attached. 5. Although various grounds and substantial questions of law has been proposed in the appeal, learned counsel for appellant on the basis of instructions however submits that the appellant was not aware of the execution proceedings due to which it was not represented in the said proceedings leading to passing of impugned order. 6. On the basis of instructions, learned counsel for appellant submits that the authorized personnel of the appellant company are ready and willing to appear and participate in the execution proceedings and therefore the issuance of bailable warrant may be interfered with. 7. Learned counsel for respondent on the basis of instructions does not have any objection in case the appellant participates in execution proceedings so as to draw an early conclusion. 8. In view of submissions advanced by learned counsel for appellant, the issue of admissibility of appeal on the substantial question of law is not being entered into nor the validity of impugned order is being examined. 9. Since bailable warrant has been issued to the Directors of the appellant company only to ensure their presence, which has been undertaken by the learned counsel for appellant, it is provided that on the next date fixed before execution proceedings on 7th March, 2025 the authorized personnel of appellant company shall appear before the executing court in E.A. No. 4116 of 2024 in appeal No. 286 of 2019 and file their objection. The executing court may thereafter consider and decide the execution proceedings in accordance with law expeditiously without granting undue adjournments to either parties. 10. The impugned order dated 20th December, 2024 shall stand modified only with regard to bailable warrant being issued which shall be kept in abeyance in the light of order passed today in this appeal and may be revived if appellant does not appear before executing authority and co-operate in early disposal of the proceedings. 11. With the aforesaid directions, the petition stands disposed of. Order Date :- 19.2.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench