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2023 Supreme(P&H) 1369

GURBIR SINGH
PPC Exports Pvt. Ltd. – Appellant
Versus
Ganpati Controls & Switch Gears Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shailender Jain, Senior Advocate, with Ms. Navneet Kaur, and Mr. Avin K. Sandhu, Advs.
For the Respondent:Mr. S. P. Arora, Mr. Himanshu Arora, Ms. Saloni Sharma, Advocate for Mr. Prateek Mahajan, Mr. Parveen, Advocate for Mr. K.K.Tiwari, Advs.

JUDGMENT :

Gurbir Singh, J.

1. Challenge in this revision petition, filed under Article 227 of the Constitution of India, is to the order dated 16.04.2022 (Annexure P-4), passed by learned Additional Civil Judge (Senior Division), Gurugram, whereby application moved by the plaintiff/petitioner, for amendment of the plaint, has been dismissed.

2. The brief facts, as culled out from the paper-book, are that respondent no.1/defendant no.1 entered into an agreement to sell dated 02.11.2017, of industrial premises along with construction thereon, as mentioned in the plaint. On coming to know that the suit property was not free from encumbrances and respondent no.1 owed a huge sum of money to UCO Bank, the petitioner filed a suit for – decree for mandatory injunction, directing respondent no.1 to obtain transfer permission from respondent no.2, to make payment of outstanding amount to respondent no.2 HSIDC, to make payment to UCO Bank, to get the premises in question released and redeemed from the Bank, with a further prayer that if respondent no.1 fails or refuses to make the required payments to HSIDC and UCO Bank, then the petitioner be allowed to make the total payments on behalf of res

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