KISHAN LAL Vs. DSIDC AND ORS.

JUDGEMENT

(1.) This suit seeks a decree for permanent and mandatory injunction directing defendant No. 1 to allot Shed No. A -13, Rohtak Road, Industrial Complex, New Delhi (hereinafter referred to as the 'suit property') in the joint name of the plaintiff and the defendant No. 2 and to also give possession of the suit property to them.

(2.) The plaintiff and defendant no. 2 (D -2, for short) are residents of Delhi. Defendant no. 1(hereinafter referred to as 'DSIDC') is a statutory company having its address at N -Block, Bombay Life Building, Connaught Circus, New Delhi.

(3.) In January 2004, DSIDC invited bids for the sale of the suit property; the reserve price of the property was listed as Rs. 43.50 lakh and the earnest money was fixed at Rs. 1 lakh. The plaintiff and defendant no.1 jointly applied for this tender quoting an offer price of Rs. 55,01,000/ -. Their bid, being the highest, was accepted by DSIDC vide letter dated 9.2.2004 and the bidders were asked to deposit 25% of the total tender price within 30 days and the remaining 75% within three months of the date of the abovementioned letter.