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 ;