RAM SUNDER SINGH Vs. M/S DURGA DEVELOPERS (P) LTD., RANCHI
LAWS(JHAR)-2014-5-47
HIGH COURT OF JHARKHAND
Decided on May 02,2014

RAM SUNDER SINGH Appellant
VERSUS
M/S Durga Developers (P) Ltd., Ranchi Respondents

JUDGEMENT

D.N.PATEL, J. - (1.) LEARNED counsel for the applicants submitted that despite the notice issued by this Court and though it is served upon the opposite party, the opposite party is not appearing in this Court. Bailable warrant has also been issued by this Court. There is a report that the opposite partybuilder is not available at the address given by the applicants. It is further submitted by learned counsel for the applicants that his earlier address, which is available with the applicants, is mentioned with the name of the opposite party. The opposite party is also carrying several construction work in the city of Ranchi and one of them is mentioned at Annexure1 of I.A. No. 690 of 2014, preferred in this arbitration application. It is also submitted that the opposite party is avoiding the proceeding and, therefore, it is prayed that construction work of Gopal Apartment (residential) and Gopal Market Complex (commercial) at Ashok Nagar, Ranchi, a project of M/s Durga Developers Private Limited, who is opposite party in this case, may be stayed by the order of this Court so that the opposite party may appear before this Court.
(2.) HAVING heard learned counsel for the applicants and looking to the fact, it appears that the present applicants appear to be the owners of the property, as mentioned in paragraph 3 of this arbitration application, which is situated at Hinoo in Ranchi city. It further appears from the facts of the case that notice was issued by this Court vide order dated 5th December, 2013 and, thereafter, bailable warrant was issued on 17th January, 2014 upon opposite party, but, as nobody appears, I hereby issue nonbailable warrant upon the opposite party, namely, Mr. Anil Kumar Jha, son of Late Deo Charan Jha, Director, M/s Durga Developers (Private) Limited, having its registered office at Shukla Colony, Hinoo, P.O. & P.S.Doranda, DistrictRanchi. The nonbailable warrant will be served upon this person through the head of Doranda Police Station, District Ranchi and he shall be produced before this Court on 9 May, 2014 I also th . direct the opposite partyM/s Durga Developers (Private) Limited, Ranchi to stop the construction work of Gopal Apartment (residential) and Gopal Market Complex (commercial) at Ashok Nagar, Ranchi, a project of M/s Durga Developers (Private) Limited. This order will be complied with strictly by the opposite party and due compliance will be reported by the head of Doranda Police Station, Ranchi as well as by the Chief Executive Officer of the Ranchi Municipal Corporation, Ranchi as well as by the Deputy Commissioner, Ranchi and also by the Senior Superintendent of Police, Ranchi. Looking to paragraph 3 of the supplementary affidavit filed on behalf of the applicant in I.A. No. 690 of 2014, it is stated that as as per the information of the Registrar of the Companies dated 18th February, 2014, which is supplied to the applicants, the registered office of the opposite party is situated at Hinoo, Ranchi and its Managing Director is Mr. Anil Kumar Jha. Thus, this is an official address what is stated in the cause title of this application. It appears that the police officers of the concerned police station has not taken proper care of this matter. I therefore direct the Senior Superintendent of Police, Ranchi to look into the matter so that nonbailable warrant will be served upon the person to whom it is issued.
(3.) THE Registrar General of this Court is, hereby, directed to send immediately the copies of this order initially by FAX and, thereafter by registered post with A/D to (a) Head of Doranda Police Station, Ranchi; (b) Chief Executive Officer, Ranchi Municipal Corporation, Ranchi; (c) Deputy Commissioner, Ranchi; and (d) Senior Superintendent of Police, Ranchi ;


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