High Court of Delhi Directs Maintenance of Status Quo on Sale of Disputed Property in Gurugram

The Delhi High Court disposed of an appeal by M/S One Qube Realtors Pvt. Ltd. Against the orders passed on 25.01.2024 and 15.12.2023, which directed the attachment and proposed sale of a disputed property in Gurugram, Haryana.

In the case titled EFA(OS) (COMM) 2/2024 and CM APPL. 5170/2024 & 5171/2024, the bench comprising Hon’ble Mr. Justice Rajiv Shakdher and Hon’ble Mr. Justice Amit Bansal, while addressing the preliminary objection about the appeal’s maintainability, stated, “Till such time the application is not disposed of, the sale of the subject property will not be carried out.”

The property in question, described as Plot No.20, Urban Estate, Sector-18, Gurugram, has been at the center of a legal dispute following the orders for its attachment and the direction issued for its sale.

The appellant’s counsel argued that a sale deed dated 02.08.2017 had been executed in favor of the appellant, a point that could not be overlooked unless annulled in a manner known to law. The bench noted the uncertainty regarding a decision by the concerned Court in Gurugram on a similar application by the appellant. Mr. Arvind Nigam, representing the respondent, contended that a decision had been rendered, while the appellant’s counsel argued otherwise.

The High Court's decision came with specific directions. “The learned Single Judge will afford an opportunity to the contesting respondent, i.e., respondent No.1, to file a reply to the application preferred by the appellant,” the bench directed. Furthermore, the application will be listed for directions before the learned Single Judge on 05.02.2024.

The bench also Instructed the appellant to maintain the status quo concerning the sale of the subject property and to refrain from creating any long-term lease exceeding 30 years for the said property.

The matter is set to be examined on its merits, with all rights and contentions of the parties remaining open to be adjudicated by the learned Single Judge.

DECISION DATE : 30.01.2024

M/S ONE QUBE REALTORS PVT. LTD. VS DAIICHI SANKYO LIMITED & ORS.