C.R.P. 91/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on: 15^th February, 2024

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C.R.P. 91/2022 & CM APPL. 29968/2022

APARNA CHOUDHRIE KALA

..... Petitioner

Through:

M. Ashish Dholakia, Mr. Rohan

Chawla

and Mr. Harshit Joshi,

Advocates

versus

VAIBHAV KALA

..... Respondent

Through:

Mr. Manish Sharma and Mr. Vijay

Kaundal and Ms. Nandini Aishwarya,

Advocates

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The instant civil revision petition under Section 115 of the Code of

Civil Procedure, 1908 (hereinafter “CPC”) has been filed on behalf of the

petitioner seeking the following reliefs:

“1. Allow the present petition and set aside the order dated

Digitally Signed

By:DAMINI YADAV

Signing Date:15.02.2024

18:24:49

Signature Not Verified

C.R.P. 91/2022

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deem fit in the interests of justice and equity.”

FACTUAL HISTORY

2.

The petitioner, who is a resident of Delhi, is a director and a

shareholder of a company namely M/s Aqua Terra Adventures India Pvt.

Ltd. (hereinafter “ATAIPL”). The respondent, who is the husband of

petitioner is also a director and shareholder of ATAIPL.

3.

As stated, during the years 2012 to 2015, the petitioner had advanced

a loan of approximately amounting to Rs. 1.45 Crore to ATAIPL.

Thereafter, during the years 2018-19 and 2019-20, a sum of Rs. 55 Lakhs

was transferred by ATAIPL in to the joint bank account of the parties where

the respondent is the primary holder of the said joint bank account. The

petitioner alleges that the respondent, without the consent of the petitioner,

unilaterally and unauthorizedly transferred the said amount of Rs. 55 Lakhs

from the joint bank account for his own personal use in order to fulfil his

liabilities towards third parties.

4.

Subsequently, upon an enquiry by the petitioner, it was informed by

the respondent via WhatsApp messages including the messages of 9^th July,

2018 that the respondent needed the monies for his personal liabilities. It is

Digitally Signed

By:DAMINI YADAV

Signing Date:15.02.2024

18:24:49

Signature Not Verified

C.R.P. 91/2022

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also stated that the respondent did not inform that the monies transferred

from ATAIPL to the joint account were towards repayment of the loan given

by the petitioner to ATAIPL.

5.

Thereafter, in the month of August, 2019, the petitioner questioned

the movement of the monies, in and out of the joint account, without her

consent and knowledge. Moreover, the petitioner categorically instructed the

respondent to not make any more payments into the joint bank account.

6.

In October 2019, the draft balance sheet of ATAIPL for the financial

year 2018 - 2019 was shared with the petitioner and it has been stated that

she was shocked to see that as per the contents mentioned therein, a sum of

Rs 35 Lakhs of her loan to the company had been supposedly repaid to her

during the year. Vide her email dated 23^rd October, 2019, the petitioner

requested that the balance sheet be corrected to this effect. The respondent

did not change the entry and the petitioner refused to sign the balance sheet,

as she had never received the repayment of her loan.

7.

Further, when it was revealed to the petitioner that the monies were

actually transferred towards repayment of the loan given by the petitioner to

ATAIPL, the respondent assured her that the he would repay the amount of

Rs. 55 lakhs within a short period of time, but to no avail.

8.

Thereafter, vide email dated 28^th October, 2019, the respondent

acknowledged in writing that he owed a sum of Rs. 55 Lakhs to the

petitioner and undertook to repay the same by 30^th November, 2019.

9.

Upon failure to repay the said amount of money to the petitioner and

after repeated requests, the petitioner, i.e., the plaintiffs before