RFA No.576/2002 Page 1 of 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RFA No.576/2002

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16^th November, 2011

AIRPORTS AUTHORITY OF INDIA

...... Appellant

Through:

Mr.Sunil Ahuja, Adv.

VERSUS

SHRI R.K. SINGHAL

...... Respondent

Through:

Mr. S.K.Sharma with

Mr. Aashish Gambhir, Advs.

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

1.

Whether the Reporters of local papers may be

allowed to see the judgment?

2.

To be referred to the Reporter or not?

Yes

3.

Whether the judgment should be reported in the Digest? Yes

VALMIKI J. MEHTA, J (ORAL)

1.

The challenge by means of this Regular First Appeal

under Section 96 of the Code of the Civil Procedure (CPC), 1908 is to

the impugned judgment of the Trial court dated 30.5.2002. By the

impugned judgment and decree, the Trial Court decreed the suit of

the respondent/plaintiff for recovery of the advance price paid of

Rs.1,35,000/- which was given pursuant to an auction held by the

appellant/defendant on 19.12.1998 for a Konica Nice Print System.

The Trial Court held that the advance price paid cannot be forfeited

even though the respondent/plaintiff