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2015 Supreme(P&H) 1912

RAKESH KUMAR JAIN
Dabriwala Steel and Engineering Company Limited – Appellant
Versus
Saket Steel Ltd. – Respondent


Advocates Appeared:
For the Appellants : Aanand Chhibbar, Harpriya Khaneka.
For the Respondent: Munish Jolly.

JUDGMENT :

Rakesh Kumar Jain, J.

1. This order shall dispose of two petitions bearing CR No. 3065 of 2014 (here-in-after referred to as the "first petition") and CR No. 3113 of 2014 (here-in-after referred to as the "second petition") as both are interconnected. However, the facts are extracted from the first petition.

2. In brief, the defendant-company (petitioner no. 1 herein) was wound up vide order dated 24.02.1995 passed in C.P. No. 31 of 1995. The respondent-plaintiff filed a suit for specific performance against the defendant-company on 14.07.1990 on the basis of an agreement to sell dated 14.07.1987 in respect of Plot No. 142, Sector 24, Faridabad (hereinafter referred to as the "suit property"). The said suit was decreed ex-parte on 19.04.1996. In the meanwhile, the ex-management of the defendant company filed a Company Petition under Section 391-394 of the Companies Act, 1956 (here-in-after referred to as the "Act") bearing C.P. No. 51 of 2006 on 23.03.2006 for revival of the company, making a proposal to pay to its creditors. The defendant-company was revived vide order dated 19.03.2009. In the said proceedings, the respondent-plaintiff moved an application bearing C.A. No.



































































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