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2023 Supreme(Del) 1901

CHANDRA DHARI SINGH
Suryapushpa Distributors Through Its Proprietor Mr Kishor Suresh Gadiya – Appellant
Versus
Rail Land Development Authority – Respondent


Advocates appeared:
Ashish Sheoran and Ms. Smita Bankoti, Advocates, for the Petitioners.
R.V. Sinha, Sugam Puri, A.S. Singh and Amit Sinha, Advocates, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)

I.A. No. 14394/2022 (Amendment of pleadings)

1. The instant application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, has been filed on behalf of the petitioners/applicants seeking amendment of the relief claimed in the captioned petition.

2. Learned counsel appearing on behalf of the applicants submitted that petitioners filed the instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") in view of threats issued by respondent vide letter dated 1st July 2022 to terminate the Letter of Acceptance (hereinafter "LoA") dated 9th February 2022. However, the petitioners were obligated to make the payment of the Lease Premium only for an encumbrance free land, which the respondent could not provide.

3. It is submitted that the instant matter was listed on 11th July 2022 where the counsel for the respondent sought time to file a reply to the petition. On the said date, the learned counsel for the petitioners sought to press the grant of order for injunction against the respondent qua the termination of LoA dated 9th February 2022. However, no interim order was gr

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