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2002 Supreme(Cal) 71

D.K.SETH
MEHTA SURAYA – Appellant
Versus
UNITED INVESTMENT CORPORATION – Respondent


Advocates Appeared:
B.K.BACHAVAT, BHASKAR SEN, P.K.ROY, S.K.KAPOOR

D. K. SETH, J.

( 1 ) THE Court : The Dispute : The decree in C. S. No. 183 of 1999 was put to execution in G. A. No. 3750 of 2000 by the decree holder Mehta Suraya. The applicant in G. A. No. 3 of 2001, has prayed for setting aside the order amending the said decree and for dismissal of the execution application. The said applicants had also filed a suit being C. S. No. 171 of 2001 for declaration that the decree dated 11th October, 1999 passed in C. S. No. 183 of 1999 (Mehta Suraya Pvt. Ltd. v. United Investment Corporation) and the appellate decree dated 3rd January 2000 passed in APOT No. 913 of 1999 (United Investment Corporation v. Mehta Surya Pvt. Ltd.) by this Hon'ble Court, were obtained in collusion and connivance with each other and by practicing fraud upon this Hon'ble Court and as such the said decrees are fraudulent, illegal null and void and be cancelled and set aside. T. No. 240 of 2001 has been filed in the said C. S. No. 171 of 2001 for receiver and injunction. These 3 applications being G. A. No. 3750 of 2000, G. A. No. 3 of 2001 and T. No. 240 of 2001 were taken up for hearing by consent of the parties, since the decision on one application will affect the other





































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