Ardee Mall builders directed to affirm not creating any third party rights over the shops

Delhi High Court: In a contempt petition, a single judge bench of the Court comprising Yogesh Khanna, J. asked for justifiable reasons from the defendants and asked them file an affidavit confirming that they did not violate the court order.

The plaintiff had come to the Court with the grievance that the defendants were not following the court order laid down in an interim injunction granted by an order dated 29.05.2014 which stated that the defendants must not sell or lease the unsold flats, properties and commercial plots and must not create any third party rights over the property in Ardee City, Gurgaon. The issue was regarding the distribution of property owned by the deceased, Mr. Ashok Verma between his wife and their two daughters. The defendants contended that no lease/sale deed had been executed by the defendants and only negotiations with prospective purchasers had taken place which were allowed under the modified order dated 24.07.2014.

The Court held that the defendants must file an affidavit within a week stating that they had neither handed over the possession of any piece of Ardee Mall, Gurgaon norm created any third party rights over any property in the complex to the prejudice of the petitioner in violation of the interim order. The Court also asked the defendants to file a complete statement of accounts of security deposits that they have received from prospective buyers/tenants etc against the given space/plots/flats in a sealed cover within two weeks. The application is to be listed on 21.07.2017. [Shefali Verma v. Meenakshi Verma, IA Nos.13066/2016 & 5748/2017, decided on 26-05-2017]

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