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2012 Supreme(UK) 382

SUDHANSU JYOTI MUKHOPADHAYA, G.S.SINGHVI
VIDUR IMPEX & TRADERS PVT. LTD. – Appellant
Versus
TOSH APARTMENTS PVT. LTD. – Respondent


Appearing Parties :Mr. Sunil Gpta, Dr. Abhishek Manu Singhvi, Mr. Sanjay Jain, Sr. Advs., Mr. Manoj, Ms. Aparna Sinha, Mr. Bijoy Kumar Jain, Mr. C. Mukund, Mr. P.V. Saravana Raja, Dr. Kailash Chand, Mr. Mandeep Singh Vinaik, Mr. Rohan Thawani, Ms. Vandana Sehgal, Mr. Hardeep Singh Anand, Mr. D.K. Thakur, Ms. Anil Katiyar, Mr. Sanjeev Anand, Mr. Yakesh Anand, Mr. Murari Kumar, Mr. Prateek K., Mr. Nimit Mathur, Advocates

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court has broad discretionary power to add or strike out parties at any stage of the proceedings, including suo motu, to ensure effective and complete adjudication of all questions involved in the suit (!) (!) .

  2. A necessary party is someone whose absence would prevent the court from passing an effective decree, while a proper party is one whose presence would assist in a complete and effective adjudication, but whose absence may not necessarily impede the court’s ability to pass a decree (!) (!) .

  3. The court’s primary consideration for impleadment is whether the presence of the proposed party is necessary for effective adjudication of the issues involved in the suit, and whether their interest is directly affected by the subject matter of the litigation (!) (!) .

  4. In cases of specific performance of a contract, only the parties to the contract or those claiming through or under them are generally considered necessary or proper parties. Strangers or persons claiming adversely, especially in violation of court orders or injunctions, are typically not necessary parties (!) (!) .

  5. The doctrine of lis pendens applies to transactions made during the pendency of a suit affecting immovable property, and such transactions are generally considered null and void as against the rights of the parties to the suit unless the transferee is properly joined as a party or the court permits the transfer (!) (!) .

  6. The court emphasizes that transactions entered into in violation of court orders, such as injunctions, do not confer legal rights or interests on the transferees or purchasers, especially if they were aware of the pending litigation and the restraint orders (!) (!) .

  7. The appointment of a receiver is within the court’s jurisdiction when there is a prima facie case for specific performance and where the property is at risk of being misappropriated or alienated clandestinely. The court’s reasons for appointing a receiver include preventing further damage and ensuring preservation of the property (!) (!) .

  8. The court recognizes the importance of respecting the jurisdiction and orders of other courts, but also stresses that when multiple courts are involved, the court that is already seized of the matter has precedence, especially when its orders are in effect (!) (!) .

  9. The courts have the authority to refuse impleadment if the applicant’s conduct is dishonest, if there is suppression of material facts, or if the application is unduly delayed, particularly when the applicant’s interest is not directly necessary for the adjudication of the main issues (!) (!) (!) .

  10. The case highlights that transactions made in breach of court orders and concealment of material facts can lead to the rejection of claims of bona fide purchasers or transferees, and such persons may be deemed to have acted in bad faith or collusively (!) (!) .

  11. The courts have reiterated the importance of transparency and timely disclosure of facts by parties seeking to be joined as parties, and that undue delay or concealment can be valid grounds for denying such applications (!) (!) .

  12. Overall, the courts have upheld the authority to manage the proceedings effectively, including the appointment of receivers and the exclusion of parties whose interests are tainted or whose presence would hinder the fair and effective resolution of the dispute (!) (!) .

These points reflect the principles and reasoning applied in this case regarding impleadment, the effect of clandestine transactions, and the appointment of a receiver to preserve the property pending final adjudication.


JUDGMENT

G.S. Singhvi, J. — Leave granted.

2. Whether M/s. Vidur lmpex and Traders Pvt. Ltd., and five other companies (hereinafter described as the appellants), who are said to have purchased the suit property, i.e. 21, Aurangzeb Road, New Delhi in violation of the order of injunction passed by the learned Single Judge of the Delhi High Court are entitled to be impleaded as parties to Suit No.425/1993 filed by respondent No.1 - M/s. Tosh Apartments Pvt. Ltd. is one of the two questions which arises for consideration in these appeals filed against judgment dated 20.2.2009 of the Division Bench of the Delhi High Court. The other question which needs consideration is whether the Delhi High Court was justified in appointing a receiver with a direction to take possession of the suit property despite the fact that the Calcutta High Court had already appointed a receiver at the instance of M/s. Bhagwati Developers Pvt. Ltd. (for short, ‘Bhagwati Developers’).

3. The suit property was leased by the Secretary of State for India to Sidh Nath Khanna and Sukh Nath Khanna sometime in 1930. After 12 years, the Governor General in Council sanctioned the grant of perpetual lease in favour of





































































































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