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(U/S 151 Of Cpc) Raghbir Singh Chhabra vs Holy Star Natural Resources Ltd & Others on 25 January, 2023

Author: Amit Bansal

Bench: Amit Bansal

$~17
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(COMM) 7/2015, I.A. 6059/2019 (O-VII R-11 of CPC), I.A.
      6276/2019 (O-I R-10 of CPC), I.A. 7318/2019 (for condonation of
      delay of 81 days in filing WS), CCP(O) 26/2022, I.A. 8146/2022(O-
      XXXIX R-1 & 2 of CPC), CRL.M.A.10169/2022(u/S 340 CrPC),
      I.A.1468/2023 (O-XXXIX R-1 and 2 of CPC) and I.A 15894/2022
      (u/S 151 of CPC)
      RAGHBIR SINGH CHHABRA                  ..... Plaintiff
                   Through: Mr. A.S. Chandhiok, Sr. Advocate
                            with Mr. Keshav Sehgal, Mr. Harkirat
                            Singh, Mr. Kashish Bajaj, Mr.
                            Shubham Agarwal, Mr. Shivam Gaur,
                            Mr. Taranjit Singh & Mr. Jasmeet
                            Kaur, Advocates.
                   versus
      HOLY STAR NATURAL RESOURCES LTD
      & OTHERS                                ..... Defendants
                   Through: Mr. Ravinder Sethi, Sr. Advocate
                            with Mr. Prabhjit Jauhar & Mr.
                            Puneet Sharma, Advocates for D-2 to
                            4.
                            Mr. Lalit Gupta, Mr. Amit Vohra, Mr.
                            Siddharth Arora, Mr. Gaurav Kumar
                            & Mr. Priyansh Jain, Advocates for
                            Defendants no. 5 & 6.
      CORAM:
      HON'BLE MR. JUSTICE AMIT BANSAL

                        ORDER

% 25.01.2023 I.A. 7439/2022(O-XXXIX R-4 of CPC), I.A. 10596/2022(O-XXXIX R-4 of CPC) & I .A. 11708/2022 (O-XXXIX R-4 of CPC)

1. Pursuant to the order passed by this Court on 6th January, 2023, an Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 7/2015 Page 1 of Signing 3 Date:27.01.2023 11:02:16 affidavit has been filed on behalf of the plaintiff on 16th January, 2023. In paragraph 5 of the said affidavit, the plaintiff has given the details of the property that was the subject matter of Agreement to Sell dated 11th July, 2011 and the same is set out below:

"a. semi-finished First Floor measuring about 18'x68' & Second Floor, with terrace/roof and above, measuring about 18'x68', part of freehold property bearing Municipal No. 10463 & 10466, built on Plot No.42 & 43, in Block No.15-A, situated at Western Extension Area, Ajmal Khan Road, Karol Bagh, New Delhi, and b. Third Floor with terrace/roof and above, measuring about 18'x34', part of freehold property bearing Municipal No. 10463, built on Plot No.42, in Block No.15-A, situated at Western Extension Area, Ajmal Khan Road, Karol Bagh, New Delhi."

2. In paragraph 8 of the aforesaid affidavit, the plaintiff has provided description of the property that was the subject matter of Agreement to Sell dated 20th February, 2013 and the same is set out below:

"a. One Shop on Ground Floor, having its area measuring about 9'x37'-6",connecting with staircase in the Basement underneath having its area measuring about 9'x37'-6", forming part of the freehold property bearing Municipal No. 10466, built on Plot No.43, in Block No.15-A, situated at Western Extension Area, Ajmal Khan Road, Karol Bagh, New Delhi."

3. The plaintiff has also filed Annexure A, which contains the site plan in respect of the aforesaid properties. The portions shaded in green in the said site plan are the subject matter of the Agreement to Sell dated 11th July, 2011 and the portions shaded in red are the subject matter of the Agreement to Sell dated 20th February, 2013.

CS(COMM) 7/2015                                         Page  2 of
                                                          Signing   3
                                                                  Date:27.01.2023 11:02:16

4. Mr. A.S. Chandhiok, Senior Advocate appearing on behalf of plaintiff, submits that Annexure B is a mere reproduction of Annexure A and may be discarded.

5. Counsels appearing on behalf of the defendants do not dispute the aforesaid description of the two properties except to the extent of the open shaft area on the third floor, which is shaded in green in the said site plan at Annexure A of the plaintiff's affidavit.

6. In view of the aforesaid, it is clarified that the interim orders dated 26th June, 2014, 10th September, 2018 and 23rd May, 2022 passed in the present suit shall be confined only in respect of the portions of the properties, as detailed above.

7. Submissions on behalf of plaintiffs stand concluded.

8. Counsels for the defendants submit that together they shall not take more than one hour to conclude their submissions.

9. List for rejoinder submissions on behalf of the defendants on 15th February, 2023.

                                                           AMIT BANSAL, J
JANUARY 25, 2023
mr/sr




                                                            Signature Not Verified
                                                            Digitally Signed By:AMIT
                                                            BANSAL

CS(COMM) 7/2015                                          Page  3 of
                                                           Signing   3
                                                                   Date:27.01.2023 11:02:16