Constitution of India – Art. 142 – There has been a persistent defiance by husband, and the petitioner-father-in-law, who have, through one pretext or another stalled compliance with the orders of the Supreme Court – Husband has abandoned wife and virtually fled to Australia – Documents reveal that considerable amounts of money were remitted to husband, over a period of time – It is the responsibility of Petitioner-father-in-law and husband who are held liable to fulfil the payment of entire sum – Directions issued:
Held: (1). Six contiguous shops bearing municipal numbers 26, 27, 28, 29, 30, 31 shall be put to sale by the Registrar of the Delhi High Court, who shall ensure that the best prices are realized – The amounts realized from the sale shall be deposited in a fixed deposit receipt, initially for six months, and its interest, disbursed to the second respondent/applicant – In the event of no sale, the attachment of property shall continue in favour of the applicant; (2). The attachment of rents of M/s Fitness Factory Gym & Spa on the First Floor shall be continued, till the petitioner, and his son, pay the amount constituting the balance between the amount realized by direction (1) and Rs. 1.25 crores; (3). In the eventuality the directions in (2) are not complied within one year, the Registrar is directed to take steps, and within three months, and seek option from the applicant regarding whether she would wish the transfer of title to the said premises in her name, or its sale – In the event she opts for the transfer, the Registrar Delhi High Court, is directed to take all necessary steps to execute a conveyance deed (under the present directions) to that effect, the sale shall be registered by the concerned authorities, and the applicant shall be handed over symbolic possession; (4). In the event the applicant does not seek conveyance, the Registrar shall take all necessary steps to auction the said property (on the first floor described in (2) above, within 18 months from today; (5). All amounts realized in the process of compliance with directions (1) and (4) above shall be paid to the applicant – Decree shall be drawn to the above effect – Decree shall also reflect total amount due and payable to the applicant in lieu of which sale of shops are hereby ordered. [Para 18]
LIST OF CITATIONS AND OTHER REFERENCES
Subrata Roy Sahara V. Union of India and Others [2014] 12 SCR 573; Delhi Development Authority V. Skipper Construction Company (P) Ltd [1996] 2 Suppl. SCR 295; Chenga Reddy v. State of A.P. (1996) 10 SCC
193 : [1996] 3 Suppl. SCR 479 – relied on.
OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.