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1997 Supreme(Del) 128

DEVENDER GUPTA, K.S.GUPTA
SURJIT SACHDEV – Appellant
Versus
KAZAKHSTAN INVESTMENT SERVICES PRIVATE LIMITED – Respondent


Advocates Appeared:
Anil Mittal, ARUN MOHAN, RAJIV NAYAR

Devinder Gupta

( 1 ) THE appeals are against a common order passed by the learned Single Judge of this Court on 10. 5. 1996 - 23. 5. 1996 deciming the plaintiff-appellant s prayer to pass judgment on admission under Order 12 Rule 6 of the Code of Civil Procedure and to appoint a Receiver, as prayed under Order 40 Rule 1 of the Code of Civil Procedure (for short code ) with respect to the suit property.

( 2 ) THE facts in brief are that in the suit instituted on 24. 5. 1995 a decree for ejectment/possession in respect of property No. S-54, Panchsheela Park, New Delhi along with a decree for recovery of Rs. 5,05,000. 00 towards mesne profits and future mesne profits @ Rs. 1,50,000. 00 p. m. or at such higher rate as may be prevalent in future and pendente lite and future interest at the rate of 18% p. a. has been claimed by the plaintiff-appellant against defendant-respondents 1 and 2. It is also prayed that defendant No. 3 be also held liable for mesne profits and if necessary in respect of other reliefs as well. Along with the Suit IA 4639/95 was filed under Order 40 Rule 1 read with Order 39 Rules 1 and 2 and Order 38 Rule I and Section 151 of the Code praying that a Receiver be a

































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