Delhi High Court - Orders
Dushyant Chikara vs Fauzia Sultana & Anr on 30 August, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~26 to 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 290/2019 & CRL.M.A. 12092/2021 & I.As.
12309-12310/2021
DUSHYANT CHIKARA ..... Petitioner
Through: Mr. K.K. Sharma and Mr. Akshit
Saxena, Advs. with petitioner in
person.
versus
FAUZIA SULTANA & ANR. ..... Respondents
Through: Mr. Mukul Gupta, Sr. Adv. with Mr.
Tushar Gupta and Mr. Parinay
Gupta,Advs. for D2.
Mr. Raman Kumar, Sr. Adv. with Ms.
Damini Ghawla, Adv. applicants in
IA. Nos. 12309/2010 and 12310/2021
AND
+ CS(COMM) 542/2020 & I.As. 11648/2020, 365/2021, 6343-
6344/2021
JAIRAJ DEVELOPERS LLP THROUGH ITS
PARTNER MR. ANKUR ARORA ..... Plaintiff
Through: Mr. Raman Kumar, Sr. Adv. with Ms.
Damini Ghawla, Adv.
versus
ZEESHAN ALI ..... Defendant
Through: Mr. Mukul Gupta, Sr. Adv. with Mr.
Tushar Gupta and Mr. Parinay
Gupta,Advs.
AND
+ CS(COMM) 543/2020 & I.As. 11654/2020, 363/2021, 2749/2021
JAIRAJ DEVELOPERS LLP THROUGH ITS
PARTNER MR. ANKUR ARORA ..... Plaintiff
Through: Mr. Raman Kumar, Sr. Adv. with Ms.
Signature Not Verified
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:31.08.2022
15:50:18
Damini Ghawla, Adv.
versus
MRS. FAUZIA SULTANA & ANR. ..... Defendants
Through: Mr. M.A. Inayati and Mr. Khalid Ali,
Advs.
Mr. Mukul Gupta, Sr. Adv. with Mr.
Tushar Gupta and Mr. Parinay
Gupta,Advs. for D2.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 30.08.2022
1. Mr. Raman Kapur, learned Sr. Counsel appearing for the applicants in IA. 12309/2021 and 12310/2021 filed in O.M.P (I) (COMM.) 290/2019 seeks vacation of the order passed by this Court on September 11, 2019 on the ground that the petitioner has not approached the Court with clean hands inasmuch as, in terms of the report submitted by the FSL, the document, i.e., MoU filed by the petitioner is a forged document.
2. Secondly, he states, the interim order having been passed in the month of September, 2019 and the petitioner having not invoked the arbitration clause, within three months thereafter, the interim order deemed to have been vacated.
3. Further Mr. Mukul Gupta, learned Sr. Counsel appearing for the defendant Zeeshan Ali in CS (COMM) 542/2020 and CS (COMM) 543/2020 states, reliance placed by the petitioner in OMP (I) (COMM) 290/2019 upon a representation in writing on the back side of the page no.1 of MoU acknowledging payment of amount by late S.K. Zaman would not extend the period of limitation inasmuch as the acknowledgement was not Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.08.2022 15:50:18 within three years of cause of action and hence, the petition O.M.P.(I) (COMM.) 290/2019 need to be dismissed on that ground.
4. Further, learned counsel appearing for the defendant in CS (COMM) 543/2020 would contest the maintainability of the petition as a Commercial Suit inasmuch as the property is a residential and not involved in any trade. He has relied upon the Judgment of the Supreme Court in the case of Ambalal Sarabhai Enterprises v. K.S. Infraspace LLP., SLP (Civil) No. 9391/2019 decided on October 4, 2019.
5. His second submission is, the plea of specific performance is not maintainable in the facts of this case.
6. Mr. K.K. Sharma, learned counsel appearing for the petitioner OMP(I)(COMM) 290/2019 seeks an adjournment to reply to the submissions made by learned Sr. Counsels appearing for the plaintiff in the suits as well as Zeeshan Ali. Mr. Kapur also state, he shall make his submissions on the next date of hearing.
7. List on September 20, 2022.
V. KAMESWAR RAO, J AUGUST 30, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:31.08.2022 15:50:18