RAJIV GOSIAN Vs. INTERGEST INDIA INTERNATIONAL LTD.

JUDGEMENT

(1.) By this single order, I will dispose of two review applications i.e. RA-CR-45-CII-2018, filed by Shri Arun Vohra and another RA-CR-47-CII-2018, filed by Shri Ravish Vohra, Director, R.V. Interiors Pvt. Ltd. in CR-3732-2012, decided by this Court on 16.2.2018, praying for review/modification of the said order.

(2.) It is stated that suit in question was filed by plaintiff in collusion with defendant No. 1 claiming that Apartment No. 420-B, Hamilton Court, DLF, Phase-4, Gurgaon, was allotted to M/s Intergest India International Ltd. by DLF Ltd. which in turn entered into agreement of sale with petitioner on 2.11.2007. It is claimed that said Intergest India International Ltd. entered into a compromise with DLF Limited before the Delhi High Court whereby it relinquished all its rights to Apartment No. 420-B in favour of DLF Ltd. and requested to adjust the amount paid with regard to Apartment No. 420-B towards the consideration of Apartment No. 420-A. In the year 2009, the sale deed was executed in favour of M/s Intergest India International Ltd. with respect to Apartment No. 420-A. After the execution of sale deed in the year 2010, petitioner who is Ex-Director of M/s Intergest India International Ltd. filed a suit for possession by way of specific performance and permanent injunction claiming that M/s Intergest India International Ltd. entered into an agreement of sale regarding Apartment No. 420-B. The petitioner had claimed that application under Order XXXIX Rules 1 and 2 read with Section 151 CPC, 1908, was dismissed by the learned Civil Judge (Junior Division), Gurgaon, as well as by the learned Additional District Judge, Gurgaon. The orders were challenged in revision before this Court by way of CR-3732-2012. Vide order dated 16.2.2018, this Court while setting aside the orders passed the following order :-

(3.) The applicant claims that M/s R.V. Interiors Pvt. Ltd. entered into agreement for purchase of the said apartments on 10.4.2012.The conveyance deed was executed on 5.8.2013. Now, Mr. Arun Vohra, is residing in the said apartment with his son and daughter in law.He has spent huge amount in furnishing apartment handed over to him by DLF Limited. As a result of the order dated 16.2.2018, passed by this Court, the possession is directed to be taken with the help of police. The applicant Mr. Arun Vohra is 75 years of age and recently suffered a severe stroke. Therefore, it is stated that present applicant was not heard at the time of passing of said order. Therefore, the said order should be reviewed vide which dispossession has been ordered.