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2016 Supreme(Del) 480

S.RAVINDRA BHAT, DEEPA SHARMA
COL. KALYAN SINGH THR. HIS LR. – Appellant
Versus
WIMPY INTERNATIONAL LTD. – Respondent


Advocate Appeared:
Sh. Chayan Sarkar with Sh. Kumar Ankur, Sh. Karan Bindra and Sh. Bipul Kedia, Advocates.
Sh. Manav Gupta and Ms. Esha Dutta, Advocates, for Respondent No.2.
Ms. Simran Brar with Sh. Varun Kumar and Ms. Saloni Chowdhury, Advocates, for Respondent No.1.
Sh. Arun Bhardwaj, Advocate, for Respondent No.4/HSIIDC.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The unsuccessful plaintiff appeals against the judgment and order of a learned Single Judge, (dated 31.10.2014) rejecting his plaint as barred by law on the ground of limitation and at the same time, holding that this Court lacks territorial jurisdiction. The Court heard the counsel for parties finally, with their consent and also considered the documents and pleadings which were part of the suit records.

2. The suit averments were that the deceased plaintiff, along with Capt. H.S. Bajaj (Retd.) and Shri. N.K. Duggal, was carrying on business under the name and style of M/s. Freezo Freezing Complex in terms of partnership deed dated 28.08.1979. The plaintiff and Capt. H.S. Bajaj, retired Army officers, had applied for allotment of an industrial plot at Dhoondahera under a scheme formulated by the Haryana State Industrial Development Corporation (fourth defendant “HSIDC”). By allotment letter dated 12.12.1979, HSIDC allotted the suit property (i.e. land bearing No. 245, Udyog Vihar, Dhoondahera, Gurgaon, Haryana measuring 19516.60 Sq. Mtrs) jointly to the plaintiff and Capt. H.S. Bajaj. A sale deed (dated 25.02.1983) was executed by HSIDC in favour of

























































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