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2026 Supreme(Online)(Del) 3

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN, JJ
ROMI GARG – Appellant
Versus
BDR BUILDERS & DEVELOPERS PVT. LTD & ORS – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Manish Vashisht, Ms. Nandini Sahni, Mr. Vedansh Vashisht, Mr. Swapan Singhal
For the Respondents: Mr. R.K. Mishra, Ms. Anumeha Singhai

JUDGMENT

ANIL KSHETARPAL, J

1. Through present Appeal, the Appellant assails the correctness of the orders dated 16.01.2018 and 14.03.2018 [hereinafter referred to as „Impugned Order-1‟ and „Impugned Order-2‟], passed by the learned Single Judge [hereinafter referred to as „LSJ‟] in a case being CS(OS) 14/2018 titled “Romi Garg v. BDR Builders & Developers Pvt. Ltd. & Ors”.

2. The issue which arises for consideration in the present Appeal is whether in the absence of any specific provision, will it be appropriate to invoke the inherent power under Section 151 of the CPC to advance the cause of justice.

3. For the sake of convenience, the parties before this court shall be referred to in accordance with their status before the LSJ.

FACTUAL MATRIX

4. The present case has a chequered history. Sh. Lalit Modi [the Defendant No.2 herein] was the owner of the property bearing No. 32, Paschimi Marg, Vasant Vihar, New Delhi [hereinafter referred to as „Suit Property‟].

5. The Plaintiff asserts that an Agreement to Sell [hereinafter referred to as „ATS‟] was executed in his favour by Defendant No.2 on 09.07.2012 with respect to the sale of Suit Property, which was subsequently novated on 14.07.20

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