Supreme Court - Daily Orders
M/S Jmd Ltd. vs M/S Mehta Colonizers Pvt. Ltd. on 16 March, 2021
Bench: Sanjay Kishan Kaul, R. Subhash Reddy
1
ITEM NO.12 Court 9 (Video Conferencing) SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 4503/2021
(Arising out of impugned final judgment and order dated
17-02-2021 in CR No. 480/2016 passed by the High Court Of
Punjab & Haryana At Chandigarh)
M/S JMD LTD. Petitioner(s)
VERSUS
M/S MEHTA COLONIZERS PVT. LTD. & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.38898/2021-EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT)
WITH
SLP(C) No. 4523/2021
(FOR ADMISSION and I.R. and IA No.39254/2021-EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 16.03.2021 These matters were called on
for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE R. SUBHASH REDDY
For Petitioner(s) Mr. Jayant Mehta, Adv.
Mr. Krishna Ballabh Thakur, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Applications for exemption from filing C/C of the impugned judgment is allowed.
The Learned counsel for the petitioner Signature Not Verified contends that the petitioner has already filed an Digitally signed by Charanjeet kaur Date: 2021.03.17 18:26:10 IST Reason: application seeking amendment of the plaint inasmuch as the petitioner has alleged that he is not in 2 possession and thus permanent injunction relief cannot be prayed for. He has also drawn our attention to the written statement filed by the respondents to the effect that they have transferred the property to a third party and that the possession always remained with them.
That being the position, he contends the documents in question is an agreement to sell which is not required to be stamped and one would have to go by the recital as contained in the document.
Issue notice.
In the meantime, the proceedings before the trial Court are stayed.
[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)