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2020 Supreme(Del) 1200

S.MURALIDHAR, TALWANT SINGH
Dharampal Satyapal Limited – Appellant
Versus
Sanmati Trading And Investment Ltd – Respondent


Advocates Appeared:
Deepak Dhingra, Advocate, Isanda Soloman, Advocate, Yakesh Anand, Advocate, Nimit Mathur, Advocate

JUDGMENT

S. Muralidhar, J. - These are three appeals by the Appellant Dharampal Satyapal Limited, the Plaintiff in CS(OS) No.320/2006, against the Respondents/Defendants Sanmati Trading And Investment Ltd (Defendant No.1) and Veejay Buildwell Pvt. Ltd. (Defendant No.4). The Director of Defendant No.1, Mr. V. Sundaram was Defendant No.2 and his wife was impleaded as Defendant No.3 in the said suit.

2. While FAO(OS) No.219/2016 is directed against an order dated 2nd May, 2016 of the learned Single Judge passed in IA No.3276/2011 filed by the Plaintiff under Order VI Rule 17 of the Civil Procedure Code ("CPC"), FAO(OS) No.373/2016 is directed against an order dated 5th October, 2016, whereby the Plaintiff was debarred from carrying out the amendment that was allowed by the order dated 2nd May 2016.

3. The third appeal being FAO(OS) No.131/2017, is directed against an order dated 23rd February, 2017 passed by the learned Single Judge, deciding the preliminary issue (i) against the Plaintiff, and holding that the Plaintiff is not entitled to the relief of specific performance for the reasons of not having claimed the relief of declaration of the termination, admittedly effected by the De

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