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2003 Supreme(Del) 240

VIKRAMAJIT SEN
STRUCTURAL WATERPROOFING COMPANY PRIVATE LIMITED – Appellant
Versus
CONTINENTAL FOUNDATION JOINT VENTURE – Respondent


Advocates Appeared:
MANOJ KUMAR DAS, RUDRA KISHAN, SANDiP SETHI, Shahid Azad

Vikramajit Sen

( 1 ) THIS order shall dispose of all the above mentioned applications. LA. 11228/2002 has been filed by the Plaintiff under Order XXXIX rules 1 and 2 of the Code of Civil Procedure and accompanies the plaint. On 18. 12. 2002 the Defendants were restrained from selling, agreeing to sell, alienating or parting with possession of the property bearing No. Continental House, 28-29, nehru Place, New Delhi-110019.

( 2 ) LA. 224/2003 is for the issuance of Summons for Judgment. Since the question of whether to grant Leave to Defend to the Defendants shall be addressed in these Orders. This application stands disposed of.

( 3 ) LA. 569/2003 has been filed by the Defendants under Order VII Rule 11 praying for the dismissal of the suit and also for the initiation of criminal contempt. Counsel for Defendants, however, has not argued or pressed the prayer for contempt of Court.

( 4 ) LA. 1247/2003 has been filed by Defendant No. 2 seeking Leave to Defend. Defendant Nos. 1 and 3 have filed an affidavit seeking Leave to Defend without a formal application. The affidavit filed by Defendants 1 and 3 be numbered as an interim application.

( 5 ) THE Plaintiff s case is that Defendants












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