Delhi High Court
Indira Uppal vs J.N.Uppal on 9 November, 2009
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: October 22, 2009
Date of Order: November 09, 2009
+Ex.P. 102/2002
% 09.11.2009
Indira Uppal ...Decree Holder
Through: Mr. Rajesh Banati with Ms. Richa Arora, Advocates
Versus
J.N. Uppal ...Judgment Debtor
Through: Mr. Rajiv Dutta, Sr. Adv. with Mr. Kumar Dushyant Singh, Advocates
for JD-1.
Mr. Qayam-ud-din, Advocate for JD-2
Mr. Harish Uppal, for JD-4 in person.
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORDER
RA No. 394/2009
No ground is made for review. The application is hereby dismissed.
Ex. P. 102/2002
1. Parties in this case are Ms. Indira Uppal, Mr. J.N. Uppal, Dr. Harish Uppal, Mr.
J.K. Uppal and Mr. P.N. Uppal (all brothers and sisters). They have equal shares in two
properties viz. 20 Todarmal Road, New Delhi and 9-A/50, WEA, Karol Bagh, New Delhi
and an award for partition of these two properties among the above shareholders has
become final and each of the party has been held entitled to 20% share in the properties.
The properties were ordered to be auctioned by way of public auction and they were put
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to public auction. No public person participated in the auction of the above two properties
and only Ms. Indira Uppal, one of the parties gave bid for property bearing number
9A/50, WEA, Karol Bagh, New Delhi for a sum of Rs.2 crore. Thereafter, parties were
asked to give inter se bidding in respect of different floors of the property 20, Todarmal
Road, New Delhi. Only Dr. Harish Uppal gave a bid for basement of Rs.1 crore. None of
the other parties gave bid for basement. For ground floor, the highest bid was of Dr.
Harish Uppal of Rs.2.5 crore. No other party gave bid for ground floor higher than this.
For first floor, the highest bid was of Dr. Harish Uppal of Rs.2.5 crore. Mr. J.N. Uppal
who is in occupation of first floor gave a bid of Rs.2 crore. For second floor, the highest
bid was of Rs.2.01 crore given by Mr. G.K. Uppal. Mr. P.N. Uppal who is in occupation
of second floor gave bid of only Rs.1.8 crore. In view of inter se bidding, the total value
of the property comes to Rs.10.01 crore i.e. Rs.8.01 crore for the property at 20, Todarmal
Road and Rs.2 crore for Karol Bagh property.
2. The highest bid for second floor is of Rs.2.01 crore. The party presently in
occupation of second floor is Mr. P.N. Uppal who has 1/5th share in the property which
comes to Rs.2,00,20,000/-. If he wants to retain the second floor he will have to deposit
Rs.80,000/- in the Court within a week. In case he does not want to retain the second
floor, he will vacate the same in four weeks and the second floor shall be handed over to
Mr. G.K. Uppal, the highest bidder for this floor and he shall deposit Rs.80,000/- (after
adjustment of his share) in the Court within one week of refusal by Mr. P.N. Uppal.
3. The first floor is in occupation of Mr. J.N. Uppal who gave bid of Rs.2 crore for
first floor whereas the highest bid for this is Rs.2.5 crore given by Dr. Harish Uppal. If
Mr. J.N. Uppal wants to retain the first floor he shall deposit Rs.49,80,000/- in the Court
Ex.P. 102/2002 Indira Upptal v. J.N. Uppal Page 2 Of 4
within two weeks. If he is not interested in depositing this amount, he will vacate the first
floor within four weeks.
4. Dr. Harish Uppal and Ms. Indira Uppal are in occupation of ground floor and
basement. Dr. Harish Uppal has expressed his desire to retain the ground floor. Ms. Indira
Uppal has given bid for Karol Bagh property for Rs.2 crore. Dr. Harish Uppal in case
wants to retain the basement, he shall deposit Rs.1,49,80,000/- in the Court within two
weeks. Ms. Indira Uppal is presently living with Dr. Harish Uppal and sharing ground
floor with him. In case Ms. Indira Uppal and Dr. Harish Uppal together retain the
basement and ground floor, both together would be entitled to additional amount of
Rs.50,40,000/- out of the amount deposited by Mr. J.N. Uppal and Mr. P.N. Uppal.
However, in case Dr. Harish Uppal and Ms. Indira Uppal together do not want to retain
ground floor and basement, Dr. Harish Uppal alone shall retain the basement and ground
floor and deposit Rs.1,49,80,000/-. In case of his failure to deposit Rs. one crore against
basement, he shall vacate the basement so that the basement can be auctioned through
Court auction as an independent unit and the parties in occupation of Todermal Road
house will have to provide an independent way for the basement so that public auction of
basement is successful. In such an eventuality, after public auction of the basement, the
amount realized if falls short of Rs.1 crore to that extent it will go out of the share of all
parties. If the amount of auction goes beyond Rs.1 crore, the extra amount will be divided
amongst parties.
5. Mr. G.K. Uppal who is in occupation of Karol Bagh property shall be paid an
amount of Rs.2,00,00,000/- either after auction of basement or after the amount is
deposited by Mr. Harish Uppal, as the case maybe and after he gets his share of the
Ex.P. 102/2002 Indira Upptal v. J.N. Uppal Page 3 Of 4
amount, he shall vacate the Karol Bagh Property and handover possession to Ms. Indira
Uppal if she had not opted for common share with Dr. Harish Uppal in form of ground
floor and basement and for balance share amount.
6. The parties shall express their option within one week from today. However, if
Mr. P.N. Uppal and Mr. J.N. Uppal are not prepared to retain the respective floors at the
value which has come in inter se bidding, they shall vacate the premises within four
weeks from today so that the floors can be handed over to the highest bidder inter se
parties.
7. This shall take care of the portion of award concerning division of immovable
properties among the different co-sharers. Remaining payments under award shall be
unaffected.
List this matter now on 17th November, 2009.
November 09, 2009 SHIV NARAYAN DHINGRA J.
rd
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