name of Defendant No.2 is left out standing, which document is
voidable, serious injury will be caused to the Plaintiff. In the
Signature ... direction is also sought to Sub
Registrar, Delhi to cancel the said document.
*****
"20. The cause of action arisen to file he (sic) present
annulment of a transaction,
regardless of whether the transaction is null or voidable. Therefore, the suit
should have been filed within three years ... with respect non-cancellation of valid
document is no more res integra. However, if a document is void ab
initio, there is no requirement
apply, subject to
inconsistency with the SOGA. Once a contract, which is voidable at the
option of a party, has been rendered void, the consequences ... further submitted that the defendant has not filed any
document/material to dislodge any onus which lies on him to prove that the
cash
ground for claiming that
the underlying contract is void or voidable, it would have the wholly
undesirable result of delaying the arbitration. Therefore ... circumspection
whilst examining the plea that the main contract is void or voidable. The
FAO 432/2010 Page 12 of 14
Digitally Signed
By:SANGEETA
sought to be termed as
not lawful i.e. void or voidable. On the basis of grounds
which have been taken by the plaintiff ... 2023 Page 24 of 26
Signing Date:01.06.2023
19:00:01
document which substantiates the case put forward by the
Appellant that the Respondents have
fundamental
flaw in the formation of the Agreement, making the entire transaction
voidable at the instance of the Respondents. Therefore, Respondent ... Section I clause 16 and Section II
clause 10 of the Tender Document and terminate the Agreement and forfeit
the performance security. PBS is provided
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Satish Chander Yadav (Thr Lrs) & Ors vs Lt Col Gaj Singh Through Lrs &
