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2. By order dated 9th March, 2004, it was directed that the applicants to clarify on Affidavit whether it's nominee/sister company viz. M/s Magnificient Construction Private Limited is actually the sister concern of M/s Zoom Developers Private Limited or not.

3.By Affidavit in Rejoinder dated 17th March, 2004, pursuant to the above direction dated 9th March, 2004, the applicant placed on record additional material in support of their main prayer clause, as reproduced above. The relevant paragraphs of this additional Affidavit are paragraphs 3(i) to 3(v) as follows:

"3(i) The entire equity capital of MCPL is held by the following four parties: 
 (a)       Mr. Yogendra Upadhyay                  1%
(b)       Mr. G. P. Agarwal                  1%
(c)       Zoom Developers Private Limited 49%
(d)       Hindustan Peter Qates Pvt. Ltd. 49%
3(ii) Mr. Vijay Choudhary and Mr. B, L. Kejriwal are the Directors of ZDPL. Mr. Varun Kejriwal s/o Mr. B. L. Kejriwal and Mrs. Manjri Choudhari w/o Mr. Vijay Choudhary are the Directors of Hindustan Peter Qates Pvt. Ltd.
3(iii) Mr. S. K. Kabra and Mr. G. P. Agarwal who are presently the Directors of MCPL were the directors of ZDPL, Mr. G. P. Agarwal is also a shareholder of MCPL as aforesaid, and Mr. S. K. Kabra is working as a Company Secretary of ZDPL.

4. There is no doubt that Court has power, if case is made out, to pass appropriate order or direction including extension of time as earlier granted by the Court and/or to pass appropriate order including modification of the earlier orders also. In the present case, admittedly, in view of the Affidavit filed on record in support of Chamber Summons No. 418 of 2003, party-respondent M/s Magnificient Constructions Private Limited averred that M/s Zoom Developers (auction purchaser) has been declared as the highest bidder and in pursuance to that, it was further directed to take necessary steps to complete the sale of the suit property in favour of M/s Zoom Developers Private Limited for a consideration of Rs. 3.5 crores on the usual terms and conditions. The sale was also confirmed in favour of the applicant on 5th February 2004. The parties have accordingly deposited the relevant balance money within 30 days, as required. Therefore, the total amount which has been deposited is Rs. 3,50,00,000/- (Rupees Three Crore Fifty Lakh only) by the Auction Purchaser. In paragraph 10 of the said Affidavit, a case is made out to join M/s Magnificient Construction Private Limited being the group company/sister concern of M/s Zoom Developers Private Limited for obtaining the order from this Court that the conveyance of the Chakala property in question, be permitted to be in the name of the group company/sister concern, as referred above and thereby it has been requested to modify the order dated 5th February 2004. The relevant averments are referred in paragraphs 10 and 11. The relevant extract from paragraph 11 is as under:

" .....All the projects relating to the building construction and infrastructure development are individually handled by the nominee/group company of M/s Zoom Developers Pvt. Ltd. This is an internal arrangement between the group/nominee company. I say that the Party respondent company M/s Magnificient Construction Pvt. Ltd. is also one of the nominee/sister company of M/s Zoom Developers Pvt. Ltd. For the internal arrangement and for the 'Administrative Purposes' our company respectfully submit that Learned Commissioner be directed to conclude the Conveyance in respect of the said suit property and further be allowed to execute in the name of the nominee/sister company and the Party respondent herein viz. M/s Magnificient Construction Pvt. Ltd."