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2023 Supreme(Del) 6002

CHANDRA DHARI SINGH
Indraprastha Ice And Cold Storage Pvt. Ltd. – Appellant
Versus
Cardiff Associates Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Gaurav Mitra, Mr. Gurmeet Bindra, Mr. Vaibhav Mishra and Mr.Ishan Choudhary, Advocates, for the Petitioner.
Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Lalit Gupta, Mr. Priyansh Jain and Mr. Anand Singh, Advocates, for the Respondent.

Judgement Key Points

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JUDGMENT

Chandra Dhari Singh, J.

1. The present petition has been filed on behalf of the petitioner under Section 115 of the Code of Civil Procedure, 1908, praying for the following reliefs:

    "A. Pass necessary orders and directions to set aside the impugned Judgment dated 10.06.2022 in passed by the Additional District Judge-10 (Central District). Ms. Colette Colette Rashmi Kujur, in CS/DJ/ADJ No. 614816/2016 titled as M/s Indraprastha Ice and Cold Storage Pvt. Ltd. V. M/s Cardiff Associates Pvt. Ltd.

    B. Pass any other order(s) or direction(s) as the Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

FACTUAL MATRIX

2. The petitioner company was inducted as a tenant at the property bearing Municipal no. 10130, at Kalra Chhajju Pandit, Shiddi Pura, Opposite Model Basti, East Park Road, New Delhi, 110005 (hereinafter "suit property"). The suit property was leased by Shri Jai Dev Sharma (since deceased) vide lease deed dated 8th September 1953.

3. The said lease deed inter-alia contained a clause, whereby, the petitioner was permitted to construct buildings, factories or residential quarters. The petitioner was also permitted to demolish the existing st

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