DELHI DEVELOPMENT AUTHORITY Vs. OFFICIAL LIQUIDATOR, HIGH COURT

JUDGEMENT

(1.) This judgment disposes of two appeals. The first appeal has been preferred from an order dated 14th September, 1998 by which the learned Judge taking company matters dismissed an application filed by the appellants for recalling the confirmation of sale held by the Court in favour of the respondent No. 2. The Second appeal has been preferred from an order also dated 14th September,1998 directing the appellant No. 1 to process the mutation application made by the respondent No. 2 expeditiously and preferably by 8 weeks from the date of the order "and to make necessary orders in accordance with law".

(2.) The dispute centers around Plot No. 13A, Block 4, Asaf Ali Road, New Delhi (referred to as the premises). The Premises belong to the Government of India. The premises were placed at the disposal of the Delhi Improvement Trust (DIT).

(3.) Sometime prior to 1954 DIT invited bids for perpetual lease/purchase of intra alia the premises. India Electrical Works Ltd. (referred to as a Company) submitted a bid. This was accepted by the DIT. The company paid the entire consideration money and an agreement for lease was executed on 9th April, 1956 between the DIT and the company. The agreement provided that the company could enter on the land for the purpose of building an executing works thereon in the manner agreed upon between the parties. The company was required to carry out various works on the land as also take steps preparatory to the construction on the land. The relevant clauses of this agreement for the purpose of this appeal are set out below :