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2018 Supreme(P&H) 3917

RAJ MOHAN SINGH
M/s. Aricent Technologies (holdings) Limited – Appellant
Versus
M/s. Besto Electronics Pvt. Ltd. – Respondent


Advocates Appeared:
Ashok Aggarwal, Sr. Advocate with Mr. Aashish Chopra, Advocate Mr. Mukul Aggarwal, Advocate Mr. Prateek Sodhi, Advocate, for the Petitioner; Anjum Ahmed, Advocate, for the Respondent

JUDGMENT

Mr. Raj Mohan Singh, J. - This revision petition has been preferred by the petitioner against the order dated 02.02.2017 passed by the Addl. District Judge (Ist)-cum-Commercial Court, Gurugram whereby application filed by defendant No. 1 (counter claimant) under Order 38 Rule 5 CPC was allowed and property bearing plot No. 31, Electronic City, Sector 18, Gurugram was attached.

2. Learned Senior counsel appearing on behalf of the petitioner referred to the facts arising out of lease deed with reference to different clauses, legal notice dated 17.08.2015, application filed by defendant No. 1/respondent No. 1 for dismissal of appeal before the Addl. District Judge, Gurugram (Annexure P-11 Colly), application filed by the plaintiff/petitioner for directing the defendant to accept physical possession of the suit property, statement dated 17.02.2016 made by Sanjeev Garg authorized person of the plaintiff, some paragraphs of the written statement and some paragraphs of the counter-claim filed by defendant No. 1 with reference to the prayer clause.

3. Learned Senior Counsel vehemently submitted that the impugned order does not specify mandatory requirement of law in terms of Order

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