CR No.6125 of 2014 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CR No.6125 of 2014 (O&M)

Date of decision:08.01.2019

Archana Jain and another

... Petitioners

Vs.

C.S.Aggarwal and others

... Respondents

CR No.6102 of 2014 (O&M)

M/s German Gardens Ltd. and others ... Petitioners

Vs.

C.S.Aggarwal and others

... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr.Arun Jain, Senior Advocate with

Mr. Dhruv Mittal, Advocate

for the petitioners (in CR No.6102 of 2014).

Mr. Harkesh Manuja, Advocate

for the petitioners (in CR No.6125 of 2014).

Mr. Gaurav Mitra, Advocate and

Mr. Gorangg Gupta, Advocate

for respondents No.1 and 2 (in both petitions)

Mr. Hemant Bassi, Advocate

for respondent No.3 ((in both petitions.

AMIT RAWAL J.

This order of mine shall dispose of two Civil Revision Petitions

bearing Nos.6125 of 2014 filed on behalf of petitioner-defendants No.2 and

SAVITA KADIAN

2019.01.28 13:04

I attest to the accuracy and

integrity of this document

High Court Chandigarh

CR No.6125 of 2014 (O&M)

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3 and 6102 of 2014 on behalf of petitioner-defendants No.4 to 11 for

rejection of the suit bearing No.338 of 2012 (hereinafter referred to as

“second suit”) titled as “C.S.Aggarwal and others vs. D.K.Jain and others”

claiming specific performance of the agreement to sell dated 05.02.2007 and

lease agreement dated 30.11.2006.

It was alleged that respondent-plaintiff no.2 alongwith

respondent no.12 filed a civil suit no.74 dated 20.01.2010 (hereinafter

referred to as “first suit”) against defendant no.1- D.K.Jain claiming the

permanent injunction on the basis of lease agreement dated 30.11.2006.

In the aforementioned suit, injunction was sought by the

plaintiffs, namely, Anjali Bhardwaj and Rockman Projects Limited against

the defendants against dispossession in respect of suit land referred to in

paragraphs 6 and 7 of the plaint of 2010 on the premise that the plaintiffs in

first suit decided to undertake project for development, operation and

maintenance of a Special Economic Zone (SEZ) and in this regard, sought

the approval of the Govt. by submitting an application dated 14.07.2006.

Vide letter dated 22.08.2006, the Govt. of India granted the approval which

was initially valid for a period of one year. Defendants no.2 to 11 (in first

suit) entered into lease agreement dated 30.11.2006 for taking lease of

several parcels of land forming one single chunk containing an aggregate

area of 267 acres approximately described in Annexure A to Annexure J

alongwith an agreement to sell dated 05.02.2007 containing the various

terms and conditions.

SAVITA KADIAN

2019.01.28 13:04

I attest to the accuracy and

integrity of this document

High Court Chandigarh

CR No.6125 of 2014 (O&M)

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D.K.Jain-defendant no.1 (in first suit) was authorized by the

other defendant-companies, i.e. owners of the land through various

resolutions entered into to execute the lease agreement and understanding

was arrived at that land would eventually be transferred and sold to Anjali

Bhardwaj and Rockman Projects Limited, plaintiffs. Even the original

documents purportedly were handed over.

Defendants No.4 to 11 ( in first suit) through defendant no.1-

D.K.Jain entered into an agreement to sell dated 5.2.2007 with plaintiffs

no.1 and 3, whereby, it was agreed that the plaintiffs shall purchase the land

from the owners for a consideration of Rs.12,00,000/- per acre and a sum of

Rs.2,80,00,000/- was paid and owing to the threat extended by the

defendants, cause of action arose to institute the suit for injunction.

The plaintiffs (in second suit) C.S.Aggarwal and Anjali

Bhardwaj sought the specific performance of the agreement to sell dated

05.02.2007 alleging that various defendants therein were owners of various

parcels of land, whereby, authorized signatory D.K.Jain, defendant no.1

entered into agreement to sell with plaintiffs and had received a sum of

Rs.2,80,00,0