Patiala House Court orders attachment of Bikaner House in New Delhi

The Patiala House Court has issued warrants of attachment of Delhi's Bikaner House, an immovable property owned by the Nagar Palika of State of Rajasthan [M/S Enviro Infra Engineers Private Limited v. Nagar Palika, Nokha, State of Rajasthan]..District Judge Vidya Prakash passed the said order after noting that the Nagar Palika had failed to satisfy the arbitral award passed against it in 2020.Taking note of the continued absence of any representation on the part of Nagar Palika in the execution proceedings of the award, the Court has issued an attachment order of the Bikaner House owned by it."Whereas you have failed to satisfy a 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 the prohibitory order issued against Nagar Palika.The Court had noted that the 2020 arbitral award amounting to ₹50,31,512 passed in favor of M/S Enviro Infra Engineers Private Limited has attained finality with an appeal preferred by Nagar Palika being dismissed in 2024..In its detailed order of September 18, the Court had highlighted the continued absence of any representation on the part of Nagar Palika for the purpose of execution of the arbitral award. It had also noted that despite an order of filing details of its assets, the Nagar Palika has failed to ensure compliance of the same.Taking note that Delhi's Bikaner House belongs to Nagar Palika, the Court proceeded to issued attachment warrant against the same."...the JD (judgment debtor) had failed to comply with the direction for furnishing affidavit of their assets despite grant of repeated opportunities, Court while agreeing with the submissions made on behalf of DH (decree holder), finds it a fit case for issuance of warrants of attachment against immovable property of JD i.e. Bikaner House, New Delhi. Accordingly, issue warrants of attachment of immovable property of JD i.e. Bikaner House, New Delhi situated within territorial jurisdiction of this Court on taking requisite steps by DH, in accordance with the provisions contained in Order XXI Rule 54 CPC, which shall state that the judgment debtor (JD) is prohibited from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge and shall further require the JD to attend this Court on the next date...," the Court observed.The Court directed the Nagar Palika to ensure its representation in the Court on November 29 for the purpose of taking notice of the date fixed for settling the terms of the proclamation of sale..[Read Order]