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1993 Supreme(Del) 219

ARUN KUMAR
SUGAR APARTMENTS FLAT OWNERS SOCIETY (REGD. ) – Appellant
Versus
SEQUOIA CONSTRUCTION PRIVATE LIMITED – Respondent


Advocates Appeared:
A.S.CHANDHIOK, B.J.NAYAR, B.L.VALI, CHETAN SHARMA, D.R.Mahajan, H.L.TIKKU, L.R.GUPTA, P.N.LEKHI, SVANTANTAR KUMAR, V.K.Shali

ARUN KUMAR, J.

( 1 ) THIS order will dispose of I. A. 12694/92 an application filed by the plaintiffs under Order 39 Rules 1 and 2 of the Code of Civil Procedure and another application being I. A. No. 12795/92 filed by defendant No. 1 under Order 39 Rule 4 of the Code of Civil Procedure. The plaintiffs have prayed for grant of interim injunction against defendant No. 1 restraining it from engaging in any construction activity, either of demolition or addition or iteration in the front block of existing building called sagar Apartments at 6, Tilak Marg, New Delhi. An ex parte interim order was passed on 16th October, 1992 restraining defendant No. 1 from engaging in any construction activity including demolition /addition/alteration in the front block of the existing building called sagar Apartments at 6. Tilak Marg. New Delhi. Defendant No. 1 moved I. A. 12795/92 under Order 39 Rule4 of the Code of Civil Procedure for vacation of the said ex parte interim order.

( 2 ) THE plaintiffs have filed the present suit for declaration, injunction and rendition of accounts. The plaintif No. 1 is an Association of flat owners in the building known as sagar Apartments while the other pl






























































































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