AFL DEVELOPERS PRIVATE LIMITED Vs. VEENA TRIVEDI

JUDGEMENT

(1.) By this application the plaintiff is seeking direction to the defendant, to deposit/ return Rs. 35 lacs in terms of the order dated 6th May, 1997 and to sign plans etc. to enable the plaintiff to secure permission from the Municipal Corporation of Delhi for raising additional construction on the second floor in premises No. B-25, Gulmohar Park, New Delhi (for short suit property). The defendant has filed a reply opposing the application.

(2.) Facts necessary for disposal of the above application briefly are: that the plaintiffs filed the suit against the applicant/defendant for perpetual and mandatory injunction, restraining the defendant, her employees, agents, servants etc. from in any manner interfering or causing obstruction in the ingress to and egress from the first floor of the suit premises, as well as for mandatory injunction, for directing the defendant to remove iron gates from the area, leading from the ground floor to the first floor of the suit premises; the applicant/defendant, filed written statement pleading therein that in the garb of perpetual injunction the plaintiffs are seeking relief of possession; that plaintiff No. 1 is a sham legal entity and a front to violate and defeat fiscal law and that this company was a proprietary concern of one Mr. R.C. Puri. Reply to the plaintiffs' applications under Order 39 Rules 1 and 2, Civil Procedure Code was also filed. The suit was also filed by the applicant/defendant, against the plaintiff No. 1 herein (Suit No. 2953/95) for recession of contract dated 13th April, 1992, in respect of the suit property and for damages and for permanent injunction. Both these suits are being tried together.

(3.) Applications for grant of interim relief were filed by both the parties in the said suit. This Court by a detailed order dated 6th May, 1997, allowed the plaintiff No. 1 to take possession of the first floor of the suit premises subject to his depositing Rs. 35 lacs in the Court, and they were permitted to carry out repairs and furnishing of the first floor of the suit premises. The sum of Rs. 35 lacs deposited by the plaintiffs were ordered to be released to the defendant against security. It was further ordered that the amount of Rs. 35 lacs would liable to be refunded by the applicant/defendant to the plaintiffs only in the eventuality of the suit being dismissed and plaintiff No.2 vacating the first floor of the suit premises.