Full Text
FAO(OS)106/2015 & CM No.4169/2015
GUNJA INTERNATIONAL LTD & ANR Appellan Represented by: t
MrJagdeep Kishore,Adv.
Madan and Mr.Akshay Malik, Advs.for R-l.
None for R-2.
Mr.J.P.Sengh,Sr.Adv. instructed by Mr.Akhilesh
Arora,Adv.for R-3 & 4.
RAKSHVIR APARTMENTSPVTLTD & ANR Appellants Represented by: Mr.J.P.Sengh,Sr.Adv.
Arora,Adv.
Advs.for R-l.
Mr.Jagdeep Kishore,Adv.for R-2&3 None for R-4,5 &6.
AND
FAO(OS)No.106/2015 &conn.matters Page 1 of5 2016:DHC:8557-DB
GUNJAINTERNATIONAL LTD AND ANR Appellants Represented by: MrJagdeep Kishore,Adv.
Advs.forR-1.
None for R-2 Mr.J.P.Sengh,Sr.Adv. Arora,Adv.for R-3&4
AND
RAKSHVIR APARTMENTSPVT LTD & ANR Appellants Represented by: Mr.J.P.Sengh,Sr.Adv.
Arora,Adv.
Advs.forR-1.
Mr.Jagdeep Kishore,Adv.for R-2& 3 None for R-4
HON'BLE MS.JUSTICE MUKTA GUPTA FAO(OS)No.106/2015 &conn.matters Page2of5
19.01.2016
ORDER
1. Though the appeals are being disposed of with consent of learned counsel for the parties in the appeals we need to pen a few lines before recording the consent.
2. Usha Dua,the first respondent in FAQ(OS)No.115/2015 and FAQ (OS) No.106/2015 owned the first floor of property bearing Municipal No.W-lllA, Greater Kailash, Part I, New Delhi. Her husband Narender Kumar Dua,the respondent No.l in the other two captioned appeals owned r"' the ground floor and the firstfloorthereof.
3. The two filed independent suits number CS(OS)No.2114/2003 and CS(OS)No.2151/2003 respectively,pleading identical facts and praying for by M/s.Gunja International Ltd.and M/s.Gunja Investment and Trading Ltd. Both impleaded the Municipal Corporation of Delhi as a defendant No.3. Stating that the Directors of Gunja International Ltd. to whom they had to sell the respective floor owned by them tendered cheques drawn on the account of M/s.Gunja Investment and Trading Ltd. and that the sale consideration failed because the cheques were dishonoured, first prayer made was for the sale deeds to be cancelled and possession of the floors returned to them. Alternatively it was prayed that a money decree be passed with interest so thatthe sale consideration was received by them.
4. In the year 2006 both filed applications to amend the plaint praying that Ravinder Rastogi and Ali Jamal Kidwai be impleaded as defendants. Both wanted to incorporate further pleadings concerning individual acts by Ravinder Rastogi and Ali Jamal Kidwai. Both wanted to amend the reliefs. In the year 2012 both filed identically worded applications praying for FAO(OS)No.106/2015 &conn.matters Page3of[5] further amendments in the pleadings and the prayers.
5. Vide impugned order dated January 12,2015, which appears to have been passed post haste, only considering lA No.3774/2006 filed by Usha Dua in CS(OS)No.2114/2003, both applications filed by Usha Dua have been allowed. Regretfully, the order shows that it is a composite order in the two suits filed by the husband and wife. Regretfully,the order does not deal with the applications filed by the husband seeking amendment ofthe plaint instituted by him. We further note that the properties have been purchased by Rakshver Apartments Pv.t Ltd. & Anr., of which Sushant Aggarwal is a Director.
6. The consent given for disposal ofthe appeals is by the appellants of FAQ (OS) No.l15/2015 and FAO (OS) No.l19/2015, Usha Dua and Narender Kumar Dua and we note that it is irrelevant whether Municipal Corporation of Delhi does or does not give consent because said body has been unnecessarily impleaded as a defendant by Usha Dua and Narender Kumar Dua in the two suits filed by them.
7. As regards Ravinder Rastogi and All Jamal Kidwai,the suit qua them would be deemed to be instituted when the amendments qua them were prayed for and they would have all defences open to them.
8. We dispose of the appeals with consent modifying the impugned order dated January 12, 2015 by recording consent that lA No.3774/2006 and lA No.16276/2012 in CS(OS)No.2114/2003 filed by Usha Dua in the suit seeking amendment of the plaint are disposed of disallowing the amendment sought to the prayer clause in the original plaint. However, amendmentsoughtin the pleadings are allowed.
9. As we have noted above that the impugned order has been passed FAO(OS)No.106/2015 &conn.matters Page 4of[5] 1^ recording that it has been passed in CS(OS) No.2114/2003 and CS(OS) No.2151/2003. However,the two applications under Order6Rule 17 which have been disposed ofhave been filed only in CS(OS)No.2114/2003 and, therefore,under strength ofthe impugned order there would be no question ofallowing any amendmentto CS(OS)No.2151/2003.
10. If applications seeking amendment of the plaint in CS(OS) No.2151/2003 are pending,the same shall be decided as per law by learned Single Judge.
11. We note that as a result of the amendments allowed two persons named Ravinder Rastogi and Ali Jamal Kidwai would require to be impleaded as defendants. Upon the amended plaint being filed in CS(OS) No.2114/2003 the learned Single Judge would proceed to issue summons to such two persons as well.
12. Amended plaint be filed by the plaintiffofthe suitin terms ofthe two amendments allowed by consenttoday within four weeks.
13. Replication thereto may be filed by the existing defendants within another four weeks thereafter.
14. No costs.
PRADEEP EEP NAPWRAJOG,J. JANUARY 19,2016 rb MUKTA GUPTA,J. FAO(OS)No.106/2015 &conn.matters Page[5] of[5]