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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Nayati Healthcare and Research NCR Pvt Ltd. – Appellant
Versus
Ujjagar Construction Pvt Ltd – Respondent
JUDGMENT
Vikram Aggarwal, J.
CM-72-FACOM-2Q22 in FAO-COM-27-2022
For the reasons mentioned in the application, the same is allowed subject to just exceptions. Additional document Annexure 39 is taken on record.
CM-81-FACOM-2Q22 in FAO-COM-30-2022
For the reasons mentioned in the application, the same is allowed subject to just exceptions. Additional documents as Annexure A-l to A6, A-8 to A-ll and A-26 are taken on record.
CM-80-FACQM-2022 in FAO-COM-30-2022
Prayer in this application is for condonation of delay of 03 days in filing the appeal.
For the reasons mentioned in the application, the delay of 03 days in filing the appeal is condoned. Application stands disposed of.
Main Case(s)
This judgment shall dispose of the aforementioned two appeals. Challenge in both appeals is to the order dated 11.10.2022 passed by the Commercial Court, Gurugram vide which the application filed under Order 7, Rule 10 CPC by the appellant in the first appeal was disposed of though not strictly in terms of the prayer made by the appellants, as claimed.
2. The facts, necessary for the disposal of these present appeals and as emanating from the record, are that the dispute revolves around 5.629 acres of l
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