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Delhi court orders attachment of historic Bikaner House over unsettled arbitral award

Delhi's Patiala House Court has issued warrants to attach Bikaner House, a prominent heritage property in the capital.

Delhi's Patiala House Court has issued warrants to attach Bikaner House, a prominent heritage property in the capital.

NEW DELHI: Delhi’s Patiala House Court has issued warrants to attach Bikaner House, a prominent heritage property in the capital owned by Rajasthan’s Nagar Palika, Nokha. This landmark ruling follows the municipal body’s failure to comply with an arbitral award granted against it in 2020, involving Enviro Infra Engineers Pvt Ltd. The attachment of the property, which has historical and cultural significance, marks a significant step in enforcing compliance with arbitral awards.

 

District Judge Vidya Prakash, presiding over the case, directed that Bikaner House could not be transferred, sold, or encumbered in any way until further notice. The judge’s prohibitory order states that the property is restrained from being sold, gifted, or otherwise dealt with. This legal move highlights the seriousness of the municipality’s failure to honour the arbitral decision.

 

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Bikaner House, built during the reign of Maharaja Ganga Singh, the erstwhile ruler of Bikaner, holds immense historical value. Initially, it served as the residence of the royal family in Delhi. Over time, it gained significance during India’s independence movement, hosting strategic meetings among princely states discussing their future in a free India. The building was officially opened on February 18, 1929, and has since remained a symbol of Rajasthan’s royal heritage.

 

Judge Prakash pointed out the municipality’s failure to submit affidavits regarding its assets, despite repeated opportunities. This lack of transparency prompted the court to issue the warrants of attachment, siding with the decree-holder, Enviro Infra Engineers Pvt Ltd. “It is a fit case for issuing warrants of attachment against the immovable property of JD (judgment debtor),” the judge noted in the ruling.

 

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The court also highlighted the persistent absence of Nagar Palika representatives during the proceedings. The municipal body has been summoned to appear on November 29 to finalize the terms for the sale proclamation of Bikaner House. This case underscores the importance of enforcing arbitral decisions, regardless of the cultural or historical value of the property involved.

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