Court stays attachment of NDMC Commissioner`s office property
Delhi court stayed order of attaching a car and other articles in the office of the NDMC Commissioner and auctioning them to realise the amount which the civic agency owed to a government contractor.
New Delhi: A Delhi court has stayed its order of attaching a car and other articles in the office of the NDMC Commissioner and auctioning them to realise the amount which the civic agency owed to a government contractor.
Additional District Judge Ajay Goel passed the stay order a week after he directed the attachment and auctioning of the NDMC Commissioner`s office property to realise the amount of over Rs 1.68 lakh to be paid to contractor Rajesh Gupta.
The order was stayed after the North Delhi Municipal Corporation approached the court saying it had made the payment.
"Attachment order stayed till the next date. Warrant of attachment be recalled unexecuted," the judge said, adding that in the meantime, the civic agency`s claim of full payment be confirmed from the contractor.
The court had on May 3 ordered that the car and other articles of the office of NDMC Commissioner be attached and auctioned to realise the amount which it owed to Gupta.
Gupta had approached the court saying the civic agency had not paid his dues and is avoiding payment despite an order by another court in 2011.
The contractor told the court that he was awarded the work of construction of `Jan Suvidha` complexes in northwest Delhi pursuant to tenders floated by then Municipal Corporation of Delhi.
The court had earlier ordered attachment of bank account of an executive engineer, but the warrant was received back with a "strange report" (as quoted by the judge) that only Rs 57 was outstanding in the engineer`s account.
Gupta said the civic agency provided only cement and steel for the work, while he took care of all other materials as well as construction workers.
The contractor said he had completed the work, though a bit late due to various hindrances such as MCD not clearing the sites and objections from local residents.
However, no payment was made when he furnished the bill, Gupta claimed.
Gupta then initiated a suit for recovery which was decided by a court in November, 2011. The court had directed the agency and also one of its executive engineers to pay Gupta Rs 65,000 along with interest till the time of payment.
The agency, however, failed to obey the court`s order.
It was then that Gupta moved this court for execution of the previous court`s order and realisation of Rs 1.68 lakh, including Rs 65,000 arrived at by the court in 2011, and the interest till January this year.
The order of attachment was passed on this plea.