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2015 Supreme(Del) 598

PRADEEP NANDRAJOG, MUKTA GUPTA
CE Construction Ltd. – Appellant
Versus
Intertoll ICS India (P) Ltd. – Respondent


Appearing Advocates:
For the Appellants:Deepak Khosla, Ajay Marwah, Advocates.
For the Respondents:Balaji Subramanian, Jasleen Oberoi, R8, Surbhi Mehta, R11, Vaibhav Mirg, Ateev Mathur, Advocates.

Judgment :-

Pradeep Nandrajog, J.

1. We preface our decision by extracting certain pertinent observations made by the Supreme Court in the decision reported as 2010 (2) SCC 114 Dalip Singh Vs. State of U.P. & Ors.:

“1. For many centuries, Indian society cherished two basic values of life i.e., 'Satya' (truth) and 'Ahimsa' (nonviolence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of justice delivery system which was in vogue in pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet








































































































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