UNION OF INDIA Vs. VIPUL KUMAR JAIN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4th December, 1989 passed by the learned Single Judge of this Court in Suit No.548-A/89 directing the appellant to remit a sum of Rs.44,06,251.00 to the Registrar of this Court and order dated 10th August, 1990 passed in IA No-322/90, in the same suit, by which the application filed by the appellant for recalling the aforesaid order dated 4th December, 1989 regarding deposit ofRs.44,06,251.00 by the appellant was dismissed.

(2.) THE facts of the case briefly stated are that the Delhi Electric Supply Under Taking (hereinafter referred to as ''DESU') decided to install two number power generating sets of 67.5 MW capacity each in place of old power plant at Rajghat. DESU entrusted the job of disposal of 'B' THErmal Power Station of Rajghat Power House to the appellant so that the premises occupied by 'B' THErmal Power Station could be vacated and two new power generating sets be commissioned. THE appellant invited tenders for sale of the said power station at Rajghat. THE tender of Shri Vivek Jain, proprietor of M/s. Devender & Sons (respondent No.2 herein) was accepted and sale letter was issued to him. THE old power plant at Rajghat was agreed to be sold at price of Rs.1,65,61,007.00 plus local taxes as applicable. AsumofRs.l,00,000.00 was received by the appellant along with the tender.