Delhi court directs attachment of Bikaner House in arbitral dispute case
Built during the rule of Maharaja Ganga Singh, the king of the princely state of Bikaner (1887 to 1943 AD), the Bikaner House served as the Delhi residence of the royal family.
Notably, in the lead-up to India’s Independence in 1947, the premises became a crucial setting for meetings among royal families. A Delhi court has directed the attachment of Bikaner House located on the iconic India Gate hexagon in the national capital, which is owned by Nokha municipal council in Rajasthan, after it failed to pay an arbitral award of Rs 50.31 lakh to a company.
“…It is ordered that you, the said Nagar Palika, Nokha, State of Rajasthan…are hereby, prohibited and restrained, until further orders of this court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise…,” said District Judge Vidya Prakash in the prohibitory order dated November 7.
In an earlier order passed on September 18, the judge had noted the non-compliance of the court’s directions. The court also noted that the 2020 arbitral award in favour of Enviro Infra Engineers Private Limited has attained finality after an appeal preferred by the Nagar Palika was dismissed earlier this year.
Following the developments, the Rajasthan government on Thursday issued instructions to take immediate “corrective actions”, officials said, engaging Additional Advocate General Shiv Mangal Sharma to represent the state’s interests in this matter and directing him “to take all necessary legal steps” to secure the property and obtain a stay on the attachment order.
Sources said that the court order led to top state officials “raising serious concerns”. The government’s action plan includes engaging legal experts and taking immediate legal steps, which include challenging the attachment order and filing for an urgent stay. Moreover, sources say that the government will investigate the alleged laxity by the previous officer in-charge or the legal representatives and ensure accountability.
Built during the rule of Maharaja Ganga Singh, the king of the princely state of Bikaner (1887 to 1943 AD), the Bikaner House served as the Delhi residence of the royal family. It officially opened on February 18, 1929, with a grand house-warming party for esteemed guests.
Notably, in the lead-up to India’s Independence in 1947, the premises became a crucial setting for meetings among royal families. It is here that they charted their futures and considered the path to join the newly independent nation.
In a detailed order passed on September 18, the judge said: “Keeping in view the aforesaid facts and circumstances and the fact that the JD (judgment debtor which is the Nagar Palika) had failed to comply with the direction for furnishing an affidavit of their assets despite grant of repeated opportunities, the Court, while agreeing with submissions made on behalf of DH (Decree Holder which was Enviro Infra Engineers Pvt Ltd), finds it a fit case for issuance of warrants of attachment against the immovable property of JD i.e. Bikaner House, New Delhi.”
“Accordingly, issue warrants of attachment of immovable property of JD i.e. Bikaner House, New Delhi…,” the court added.
The Patiala House Court judge also highlighted the continued absence of any representation on the part of Nagar Palika during court proceedings. Further, the judge ordered Nagar Palika to be in court on November 29 to take notice of the date fixed for settling the terms of the proclamation of sale.
With ENS, Jaipur
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