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REKHA PALLI
BDR Builders and Developers Pvt. Ltd. – Appellant
Versus
Lalit Modi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Harish Malhotra, Sanjay Goswami.
For the Respondents: Sachin Chopra, Karan Babuta, Daksh Arora, Astha Gupta, Nandni Sahni, Sachin Bandooni.

JUDGMENT :

REKHA PALLI, J.

E.A. No. 796/2020

1. This is an application under Order XXXIX Rule 2A and Section 151 of the Code of Civil Procedure, 1908 read with Sections 11 and 12 of the Contempt of Courts Act filed by the Decree Holder (DH) seeking initiation of contempt proceedings against the judgment debtor (JD)/Mr. Lalit Modi for deliberately and intentionally violating the orders of this Court passed on 15.04.2019 and 28.01.2020 in these execution proceedings.

2. The DH preferred the captioned execution petition seeking enforcement of the award dated 21.11.2016/12.01.2017 whereunder he was held entitled to specific performance of a sale agreement dated 24.06.2014. In accordance with the agreement, the award directed the JD to execute a sale-deed with respect to the property bearing No. 32, Paschimi Marg, Vasant Vihar, New Delhi admeasuring 858 sq. yards (hereinafter referred to as the “subject property”) in favour of the DH and hand him physical possession thereof by 31.03.2017. Although the JD has challenged the award by way of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act’) being OMP (Comm.) No. 7/2017, which is still pending adjudication, t

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