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1998 Supreme(Del) 87

MANMOHAN SARIN
V. K. KHOSLA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ABHILESH VERMA, J.K.SINGHI, MADAN BHATIA, Ravinder Sethi

Manmohan Sarin, J.

( 1 ) THE present revision petition is directed against the order dated 23. 8. 1997 passed by the learned Additional District Judge, dismissing the appeal of the petitioners against the order dated 11. 8. 1997, by which the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure was dismissed.

( 2 ) THE main submission of the petitioner in this revision petition is that the respondent Delhi Development Authority has, in an arbitrary and illegal manner, denied the benefit of restoration of the plot to the petitioners in terms of the guidelines dated 1. 5. 1991.

( 3 ) THE facts giving rise to the present revision petition may be briefly noted:

(I) Petitioner was a successful bidder in an auction for plot No. 62, Mandakini, new Delhi, held on 18. 5. 1994. Petitioner s bid for Rs. 51,00,000. 00 was accepted and a sum of Rs. 12. 75 lakhs (rupees twelve lakhs seventy thousand only) was deposited by the petitioner as earnest money. Petitioner, however, failed to deposit the balance sum of Rs. 38. 25 lakhs by the stipulated date, i. e. 25. 7. 1994, as per the demand notice sent on 26. 5. 1994. (ii) Petitioner vide his letter dated 25. 7. 1994, sought ex






























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