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2014 Supreme(Del) 1173

S.MURALIDHAR
Icon Buildcon Pvt. Ltd. – Appellant
Versus
Aggarwal Developers Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Ankit Jain, Advocate.
For the Respondents:Mr. Sanjay Manchanda, Anand Chaudhari, Advocates.

JUDGMENT

1. The challenge in these petitions is to the orders dated 18th February 2013 passed by the learned Metropolitan Magistrate (‘MM’) in Complaint Case Nos. 2207/1/07; 2208/1; 417/1; 2175A/1; 2190/1 and 2175/1, filed by the Petitioner/Complainant Icon Buildcon Pvt. Ltd. (‘IBPL’) against Agarwal Developers Pvt. Ltd. (‘ADPL’) and its Directors who were arrayed as Accused Nos. 2, 3 and 4 in the complaints.

2. The facts leading to the filing of the present petitions is that on 30th December 2006, IBPL entered into an agreement to sell in respect of land admeasuring 24 bighas 12 biswas situated in village Khaira, Tehsil Najafgarh, New Delhi with the owners of the said land. On 2nd January 2007, IBPL entered into two further separate agreements to sell in respect of land measuring 10 bighas and 14 biswas and 45 bighas and 4 biswas respectively situated in the same village with the respective land owners. The total sale consideration was Rs.1.15 crores per acre. IBPL paid Rs.1,92,92,500 to the owners as part consideration. According to IBPL, ADPL offered to purchase the rights of IBPL under the aforementioned three agreements with a profit of Rs.10 lakhs per acre. Accordingly, an agr

































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