Sanghi Bros (Indore) Pvt. Ltd. VS Kamlendra Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

CHANDRA DHARI SINGH
Sanghi Bros (Indore) Pvt. Ltd. – Appellant
Versus
Kamlendra Singh – Respondent

Counsel for the Parties:
For the Plaintiffs:Mr. Arvind Varma, Sr. Advocate with Mr. A. S. Mathur, Mr. Prabal Mehrotra, Mr. Shubhankar, Mr. Umang Kataria, Ms. Mahima Singh and Ms. Smridhi Sharma, Advocates with and Mr. H. Joshi, AR for plaintiff nos.1 and 2(i)-(iii) Mr. Sankalp Goswami, Advocate for plaintiff no.2(iv) (Through VC)
For the Defendant:Mr. Jayant Mehta, Sr. Advocate with Mr. Vijay K. Singh and Ms. Ashita Chhibber, Advocates, Mr. Akhil Sibal, Sr. Advocate with Ms. Fareha Ahmad Khan, Advocate for non-applicant in I.A 8319/2012

JUDGMENT

Chandra Dhari Singh, J.—The instant Civil Suit has been filed on behalf of the plaintiffs seeking the following reliefs:—

“(A) pass a decree for specific performance against the Defendant and in favour of the plaintiffs and to direct the Defendant to transfer/ assign / sell to the Plaintiffs the property (including land; admeasuring about 1200 square yards and structures thereon) bearing No. A-9/29 Vasant Vihar, New Delhi; and

(B) If this Hon’ble Court were pleased not to grant a decree for specific performance pass a decree for payment of money in favour of the Plaintiffs and against the Defendants in the sum of Rs.20,79,049/- alongwith interest @ 18% p.a. from the date of the suit and till the date of actual realization of the same; and

(C) pass a decree for permanent injunction in favour of the Plaintiffs and against the Defendant, his servants, agents, heirs, successors and others claiming under or through him, permanently restraining the Defendant from transferring/ assigning/ selling or otherwise disposing of his right, title, and interest in the said property bearing No. A-9/29 Vasant Vihar, New Delhi to any other person(s).

(D) pass a decree for permanent in