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2023 Supreme(Del) 186

CHANDRA DHARI SINGH
SANJAY KALRA – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Kajal Chandra, Prerna Chopra, Divye Puri, Sakshi Anand.
For the Respondents: Sandeep Sethi, Ruby Singh Ahuja, Varun Khanna, Akshay Agrawal, Vasu Singh, Vinay Garg, Snehpreet Kaur, Harish Malhotra, Rajiv Bahl, Vikas Tomar, Mansi Pankaj.

ORDER :

I.A. No. 21636/2022 (u/s 151 CPC by LR No. 3 Pankaj Jain)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”) has been filed on behalf of the applicant seeking the following reliefs:

    “(a) Recall and set aside the order dated 22.11.2016 passed in Test. Case No. 54/2014 and relieve the Applicant from the undertaking given therein.

(b) Direct Respondent No. 2 to come up with an alternative payout plan for the unfulfilled commitment as per the MOFS dated 17.11.2016 and more particularly, direct Respondent No 2 to pay the balance of 23,00,00,000 (Twenty Three Crores) immediately along with interest accrued since the date of signing of MoFS.

(c) To transfer in the name of the Applicant such other properties which are registered in the Respondent No 2’s name in order to compensate for the promise of payment of Rs. 23,00,00,000 (Rupees twenty-three crores Only.

(d) Directs Respondent No. 2 to provide the Applicant with an alternate payment schedule, i.e. the date and time of transfer of such monies as mentioned in clause 4(iv)(a) and clause 4(iv)(a) and abide by the same in letter and spirit.

(e) To Restore the earlier a

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