G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
Vidur Impex and Traders Pvt. Ltd. – Appellant
Versus
Tosh Apartments Pvt. Ltd. – Respondent
2. Whether M/s. Vidur Impex and Traders Pvt. Ltd., and five other companies (hereinafter described as the appellants), who are said to have purchased the suit property, i.e. 21, Aurangzeb Road, New Delhi in violation of the order of injunction passed by the learned Single Judge of the Delhi High Court are entitled to be impleaded as parties to Suit No.425/1993 filed by respondent No.1 – M/s. Tosh Apartments Pvt. Ltd. is one of the two questions which arises for consideration in these appeals filed against judgment dated 20.2.2009 of the Division Bench of the Delhi High Court. The other question which needs consideration is whether the Delhi High Court was justified in appointing a receiver with a direction to take possession of the suit property despite the fact that the Calcutta High Court had already appointed a receiver at the instance of M/s. Bhagwati Developers Pvt. Ltd. (for short, ‘Bhagwati Developers’).
3. The suit property was leased by the Secretary of State for India to Sidh Nath Khanna and Sukh Nath Khanna sometime in 1930. After 12 years, the Governor General in Council sanctioned the grant of perpetual lease in favour of one of them, n
Surjit Singh vs. Harbans Singh ((1995) 6 SCC 50) 20
Jayaram Mudaliar vs. Ayyaswamia & Ors. ((1972) 2 SCC 200) 20
Rajender Singh & Ors. vs. Santa Singh & Ors. ((1973) 2 SCC 705) 20
Joginder Singh Bedi vs. Sardar Singh & Ors. ((1984) DLT 162 Del (DB)) 20
Nagubai Ammal vs. B Shama Rao (AIR 1956 SC 593) 22
Khemchand S. Choudhari vs. Vishnu Hari ((1983) 1 SCC 18) 22
Kasturi vs. Iyyamperumal ((2005) 6 SCC 733) 22
Amit Kumar Shaw vs. Farida Khatoon ((2005) 11 SCC 403) 22
Vinod Seth vs. Devinder Bajaj ((2010) 8 SCC 1) 22
Ramesh Hirachand Kundanmal vs. Municipal Corporation of Greater Bombay ((1992) 2 SCC 524) 26
Anil Kumar Singh vs. Shivnath Mishra ((1995) 3 SCC 147) 27
Sarvinder Singh vs. Dalip Singh ((1996) 5 SCC 539) 34
Dhurandhar Prasad Singh vs. Jai Prakash University ((2001) 6 SCC 534) 35
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