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Anglo-american Metallurgical Coal Pty. Ltd. Decree Holder v. Mmtc Ltd. Judgment Debtor.

Delhi High Court

Aug 27, 2021

Judgment

CaseIQ

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Factual and Procedural Background

The opinion records orders in multiple applications arising from execution proceedings and related enforcement matters. The matters noted are:

EX. APPL.(OS) 923/2021 — application for exemption from filing typed/clean copies of documents.
EX. APPL.(OS) 924/2021 — application for exemption from filing notarised and apostilled affidavit of the Decree Holder.
EX. APPL.(OS) 922/2021 — application under Section 60 read with Order 21 Rule 4 read with Order 21 Rule 41(2) read with Section 151 CPC seeking attachment of the Judgment Debtor's shareholding in specified companies.
OMP (ENF.) (COMM.) 19/2018 & EX. APPL.(OS) 690/2021 — application under Section 151 CPC seeking attachment of the Judgment Debtors' bank accounts and further directions; draft proclamation of sale of properties submitted by the Decree Holder.

The court made discrete orders on each application, gave directions for filings and set dates for further listing and actions (Joint Registrar listing on 3 September 2021; Court listing on 14 September 2021).

Legal Issues Presented

Whether exemption from filing typed/clean copies of documents should be allowed (EX. APPL.(OS) 923/2021).
Whether exemption from filing notarised and apostilled affidavit of the Decree Holder should be allowed (EX. APPL.(OS) 924/2021).
Whether attachment of the Judgment Debtor's shareholding in the listed companies should be ordered (EX. APPL.(OS) 922/2021).
Whether attachment of the Judgment Debtors' bank accounts and further directions (including proclamation of sale of specified properties) should be ordered (OMP (ENF.) (COMM.) 19/2018 & EX. APPL.(OS) 690/2021).

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The opinion contains brief judicial directions and orders rather than extended analytical reasoning. The court granted the requested exemptions subject to conditions (described as "just exceptions") and imposed specific procedural requirements: filing of typed/clean copies for dim/illegible/handwritten documents at least one week before the next hearing; filing of notarized and apostilled affidavit within two weeks of resumption of attestation facilities. For the execution and attachment proceedings, the court issued notice in respect of the shareholding-attachment application, directed short timelines for pleadings, approved steps for proclamation and sale of specified properties (including publication and display requirements), directed that reserved price be fixed with regard to the Judgment Debtor's valuation report, required formal placement on the court file of a counsel's note regarding bank-account balances, and ordered attachment and remittance to court of monies in two specified bank accounts. The court directed further consideration of attachment measures on the next hearing and permitted the Judgment Debtor to submit a proposal concerning one listed property prior to the next date.

Holding and Implications

EX. APPL.(OS) 923/2021: The application for exemption from filing typed/clean copies of documents was allowed, subject to just exceptions. The Decree Holder must file typed/clean copies of any dim/illegible/handwritten documents relied upon at least one week before the next hearing. Accordingly, the application stands disposed of.
EX. APPL.(OS) 924/2021: The application for exemption from filing notarised and apostilled affidavit was allowed, subject to just exceptions. The Decree Holder must file the notarized and apostilled affidavit within two weeks from resumption of the facility for attestation of affidavits. Accordingly, the application stands disposed of.
EX. APPL.(OS) 922/2021: Notice was issued to the Judgment Debtor (accepted by counsel). The court directed the filing of reply within one week and any rejoinder before the next hearing. (No final attachment of shareholdings was ordered in the text of this opinion.)
OMP (ENF.) (COMM.) 19/2018 & EX. APPL.(OS) 690/2021: The court proceeded with steps toward sale of two specified properties (Core-1, SCOPE Complex; L-1/1, Hauz Khas Enclave), ordered the draft proclamation to be listed before the Joint Registrar on 3 September 2021 for approval, specified modes and venues for publication and display, and directed that reserved price be fixed considering the Judgment Debtor's valuation report. The court ordered attachment of monies in two specific bank accounts (SBI Bhubaneshwar A/C No. 10229909115; SBI Paradeep A/C No. 11116816369) and directed the respective Branch Managers to remit the amounts to the Court. Further orders on attachment were deferred to the next hearing. The Judgment Debtor was permitted to submit a proposal in relation to MMTC Housing Colony before the next date.

Implications for the parties are procedural and remedial: specified filings and documentary compliance are mandated; two bank accounts of the Judgment Debtor are attached and funds are to be remitted to the Court; steps towards proclamation and sale of identified properties are authorized and scheduled. The opinion does not state or establish any new legal precedent.

Show all summary ...

Sanjeev Narula, J.:—

EX. APPL.(OS) 923/2021 (for exemption from filing typed/clean copies of documents)

1. Allowed, subject to just exceptions.

2. The Decree Holder shall file the typed/clean copies of any document which is dim/illegible/handwritten and on which they may seek to place reliance, at least one week prior to the next date of hearing.

3. Accordingly, application stands disposed of.

EX. APPL.(OS) 924/2021 (for exemption from filing notarised and apostilled affidavit of the Decree Holder)

4. Allowed, subject to just exceptions.

5. The Decree Holder shall file the notarized and apostilled affidavit within two weeks from the day the facility for attestation of affidavits is resumed.

6. Accordingly, the application stands disposed of.

EX. APPL.(OS) 922/2021 (u/S. 60 r/w Order 21 Rule 4 r/w Order 21 Rule 41(2) r/w Section 151 of the Civil Procedure Code, 1908 seeking attachment of Judgment Debtor's shareholding in Neelachal Ispat Nigam Limited, Free Trade Warehousing Pvt. Ltd, MMTC Pamp India Pvt. Ltd., Sical Iron Ore Terminal Ltd., and TM Mining Company Ltd.)

7. Issue Notice. Ms. Suman Yadav, learned counsel for the Judgment Debtor accepts notice.

8. Reply to the said application be filed within a period of one week. Rejoinder thereto, if any, be filed before the next date of hearing.

OMP (ENF.) (COMM.) 19/2018 & EX. APPL.(OS) 690/2021 (u/S. 151 of the Civil Procedure Code, 1908 seeking attachment of Judgment Debtors' bank accounts and further directions)

9. The Decree Holder has submitted a draft proclamation of sale of the properties. The application be now listed before the Joint Registrar on 3 September, 2021 for approval of the draft proclamation of sale in respect of the following properties:

a. Core-1, SCOPE Complex, Lodhi Road, New Delhi-110003, and

b. L-1/1, Hauz Khas Enclave, New Delhi-110016.

10. The proclamation of sale, as settled by the Joint Registrar, be then published by beat of drums in and an around the property; be affixed at a convenient place in and around the property; be displayed on the notice board of the Sub-Divisional Magistrate (SDM) at South-East and South District, New Delhi, on the notice board of the Saket District Court, as well as on the notice board of this Court. Publication to this effect also be issued in: (a) Times of India, (b) Hindustan Times, (c) Navbharat Times, and (d) Dainik Jagran on the date as may be fixed by the Joint Registrar.

11. The reserved price shall be fixed taking into consideration the valuation report submitted by the Judgment Debtor with regard to the afore-noted properties.

12. Mr. Samar Kachwaha, learned counsel for the Decree Holder states that he has filed a note, showing the status of the bank accounts which, according to the Decree Holder, have surplus funds and can be attached. The said note, however, is not record. The counsel for the Decree Holder shall ensure that the note dated 26 August, 2021 is placed on the file of this Court along with annexures, before the next date of hearing. Copy thereof be exchanged with the counsel for the Judgment Debtor, who may file a response thereto, also before the next date of hearing.

13. In the meantime, the monies lying in the following bank accounts of the Judgment Debtor are attached:

a. Bank A/C No.: 10229909115 at SBI, Bhubaneshwar branch (06657), Odisha, &

b. Bank A/C No.: 11116816369 at SBI, Paradeep branch (03945), District Jagatsinghpur, Odisha.

14. The Branch Manager of the above Banks are directed to forthwith remit the amount lying in the afore-noted accounts to this Court.

15. Further orders regarding attachment of bank accounts shall be considered on the next date of hearing.

16. With respect to the property listed at serial No. 2 of the draft proclamation of sale [i.e., MMTC Housing Colony, Sri. Aurobindo Marg, New Delhi-110017], Mr. Rajeeve Mehra, learned Senior Counsel for Judgment Debtor, states that he would like to submit a proposal, which would also benefit of the Decree Holder. Let the same be done before the next date of hearing. Copy thereof also be shared with the counsel for the Decree Holder.

17. List before the Joint Registrar on 3 September, 2021.

18. List before the Court on 14 September, 2021.