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2022 Supreme(P&H) 2022

ALKA SARIN
Jagmohan Bakshi – Appellant
Versus
Sumeet Enterprises – Respondent


Advocates appeared:
Mr. Prateek Gupta, Advocate, for the Appellant; Mr. Neeraj Grover, Advocate, Mr. Arvind Seth, Advocate, and Mr. Gaurav Jindal, Advocate, for the Respondent.

JUDGMENT

Alka Sarin, J. - The present revision petition under Article 227 of the Constitution of India has been filed by the defendant No.1-petitioner against the order dated 28.05.2021 (Annexure P-1) passed by the Appellate Court dismissing his appeal against the order dated 02.04.2021 (Annexure P-2) passed by the Trial Court on an application filed by the plaintiffrespondent No.1 under Order 39 Rules 1 and 2 CPC.

2. The brief facts relevant to the present lis are that in 1984 the plaintiff-respondent No.1 applied for an industrial plot in Sector 18, Gurugram. A regular allotment letter was issued in it's favour on 17.03.1986 qua Plot No.49, Sector 18, Gurugram measuring 450 sq. meters. On 08.03.1991 the letter of allotment dated 17.03.1986 was cancelled by Haryana Urban Development Authority (HUDA) for nonconstruction and the suit property was resumed. On 02.04.1991 the plaintiff-respondent No.1 approached the civil court for the appointment of an Arbitrator. On 24.11.1992, HUDA allotted the suit property to one M/s Vishal Exports for valuable consideration which is stated to have been duly paid. On 01.02.1994 the Conveyance Deed was also executed in favour of M/s Vishal Exports. O

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