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2010 Supreme(P&H) 2808

RAKESH KUMAR GARG
Amber Forcings Corporation – Appellant
Versus
State Of Punjab – Respondent


Judgment

Rakesh Kumar Garg, J.

1. This is plaintiff s second appeal challenging the judgement and decrees of the courts below, whereby its suit for mandatory injunction for issuance of a direction to respondents No.2 and 3 to issue allotment order in favour of the appellant in respect of the suit property, was dismissed.

2. Brief facts of the case are that industrial plot No.C-35, Industrial Phase-II, Mohali District Ropar was allotted to Sarvshri Satinder Mohan Singh and Avinash Mahindra vide allotment order dated 27.07.1971. Later on, the ownership was allowed to be changed in the name of five partners i.e. Sh.Avinash Mahindra, Sh.Chaman Lal, Sh.Madan Mohan Mahindra, Sh.Surinder Kumar Goel and Sh.Gian Chand Gupta. Thereafter, other partners withdrew and Madan Mohan Mahindra remained the sole proprietor of appellant-firm. The entire price of the plot in question was paid and conveyance deed was executed on 06.12.1985 in favour of the appellant. Since the plaintiff-appellant could not complete the construction on the plot in question within the stipulated period, it resulted in the resumption of the plot. Appellant challenged the resumption order before the authorities. However, the



























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