Patiala House Court orders attachment of Bikaner House in New Delhi
In the case of M/S Enviro Infra Engineers Private Limited v. Nagar Palika, Nokha, State of Rajasthan, the Patiala House Court has issued attachment warrants for Bikaner House in Delhi, an immovable property owned by the Nagar Palika.
District Judge Vidya Prakash issued the ruling above after finding that the Nagar Palika had not complied with the arbitral verdict rendered against it in 2020.
In light of Nagar Palika’s persistent lack of counsel during the award’s implementation processes, the court has issued an attachment order for its Bikaner House.
“Whereas you have failed to satisfy an Award passed against you on the 21 day of January 2020, in Case Ref. No. DAC/2333 (D)/01/19 of 2019 in favour of M/s Enviro Infra Engineers Pvt. Ltd. for Rs. 50,31,512, It is ordered that you, the said Nagar Palika, Nokha, State of Rajasthan, be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise,” the Court stated in its prohibition order Nagar Palika
In 2024, the Court dismissed an appeal filed by Nagar Palika, indicating that the 2020 arbitral decision of ₹50,31,512 in favour of M/S Enviro Infra Engineers Private Limited had reached finality.
The Court emphasized the ongoing lack of Nagar Palika’s representation to carry out the arbitral ruling in its comprehensive order of September 18. It further pointed out that Nagar Palika has not made sure that the order to file information about its assets is being followed.
The Court then issued an attachment warrant against Delhi’s Bikaner House, noting that it belongs to Nagar Palika.
The court agrees with the arguments made on behalf of the decree-holder, DH, but finds it appropriate to issue warrants of attachment against JD’s immovable property, Bikaner House, New Delhi, because the judgment debtor, JD, had not complied with the directive to provide an affidavit of their assets despite being given multiple opportunities. Therefore, after DH has taken the necessary actions, issue warrants of attachment of JD’s immovable property, namely Bikaner House in New Delhi, which is located within this Court’s territorial jurisdiction, this is done by Order XXI Rule 54 CPC, which states that the judgment debtor (JD) is not allowed to transfer or charge the property in any way and that no one can benefit from such a transfer or charge. The Court further mandates that the JD appear in court on the following date.
To take notice of the date set for settling the terms of the proclamation of sale, the Court ordered the Nagar Palika to make sure it was represented in court on November 29.
