DIAMOND TRAXEIM PVT LTD Vs. SUNIL KUMAR SOOD

JUDGEMENT

(1.) Through COMS No. 8 of 2017, and, through COMS No. 23 of 2018, respectively constituted by the plaintiff(s), the latters' hence impugn the validity of execution of registered deed, of, conveyance, executed, inter-se, one Suneel Kumar Sood and M/s Nirvana Woods and Hotels Pvt. Ltd, vis-a-vis, the suit property. However, before proceeding to determine, the, prima-facie validity, vis-a-vis, the contention reared against M/s Nirvana Woods and Hotels Pvt. Ltd, by the plaintiff in COMS No. 8 of 2017, for, its therethrough impugning, the, apposite sale deeds, on, anvil of, despite, the sale consideration, being purveyed by it, vis-a-vis, one Suneel Kumar Sood, arrayed therein as codefendant No.1, the latter proceeding, to, execute a sale deed, vis-a-vis, the suit property, with, co-defendant No.2 M/s Nirvana Woods and Hotels Pvt. Ltd. However, given, the existence on record, of, Annexure A-1, a compromise deed, executed inter-se one Suneel Sood, and, the plaintiff i.e M/s Diamond Traexim Pvt. Ltd., in sequel whereto, an order, vide annexure A-2, was, rendered by the Hon'ble Delhi High Court, hence accepting, the, afore compromise deed, and, with the suit land being also embodied in Annexure A-1, and, also obviously in Annexure P-2, is of utmost, and, conspicuous significance, (i) thereupon, at this stage the plaintiff in COMS No. 8 of 2017, prima-facie does not hold any valid espousal, for, impugning, the, sale deeds, unless, of course evidence surges forth during the course of the apposite suit being put to trial, before the competent Court, vis-a-vis, the compromise borne in Annexure A-1, and, in pursuance whereof Annexure P-2 was rendered, rather being a sequel of fraud or misrepresentation, given, the contents borne therein, being intentionally infracted by co-defendant No.1, one Suneel Sood.

(2.) Be that as it may, an acerbic contest, has emerged inter-se the plaintiff one Suneel Kumar Sood, and, M/s Nirvana Woods and Hotels Pvt. Ltd, both of whom whereof, are, respectively pleaded, as, plaintiff, and, co-defendant No.1 in COMS No. 23 of 2018, (i) and, wherethrough the plaintiff therein, the, afore Suneel Sood, has, impugned the validity of execution of registered deeds, of conveyance inter-se him and codefendant No.1 M/s Nirvana Woods and Hotels Pvt. Ltd, (ii) on, anvil of recitals in the impugned registered deeds of conveyance, vis-a-vis, payment of sale consideration, from, M/s Nirvana Woods and Hotels Pvt. Ltd, to, one Suneel Kumar Sood, occurring, in contemporaneity, vis-a-vis, the execution of registered deed of conveyance, being, false recitals. For resting the vigor of the rival contention(s) reared by the learned counsel, for the contesting litigants, who, respectively contended, that, the apposite recitals, as are, carried in the registered deed, of, conveyance, being fraudulent or otherwise, (a) hence this Court had pronounced an order, on, 4.5.2019, order whereof stands extracted hereinafter, and, in compliance, with the afore directions rendered upon HDFC Bank, and, also upon the Income Tax Officer, concerned, both placed on record their respective affidavits, with, echoings borne therein, vis-a-vis, in contemporaneity qua execution, of, the apposite impugned sale deeds, the apposite sale consideration being reflected, to be, entered, into the accounts of one Suneel Kumar Sood arrayed as plaintiff in COMS No. 23 of 2018. Even though the afore echoings, borne in the compliance affidavits furnished before this Court, by the Manager of the HDFC Bank, and, by the Income Tax Officer of the ward concerned, do, prima-facie rest the afore res-controversia, engaging the contesting litigants, (i) nonetheless Mr. Ankush Dass Sood, Sr. Advocate, assisted by Mr. Rakesh Kumar, Advocate, has contended qua the apt disclosures borne therein rather being falsified, (ii) in as much, as, in contemporaneity, vis-a-vis, the execution, of, sale deeds amongst the afore litigants, hence, the apposite sale consideration, being retransmitted into the accounts, of, co-defendant M/s Nirvana Woods, and, Hotels Pvt. Ltd, and, (iii) in succoring the afore espousal, he relies, in consonance therewith pleadings borne in COMS No. 23 of 2018. However, the afore espousal is benumbed, and, would not underwhelm, the, echoings, borne in the afore affidavits, furnished before this Court, as, in the written-statement furnished thereto, by the learned counsel for contesting defendants No.1 and 2, (i) an, averment is borne in paragraph 31 thereof, qua the afore remittance, in, contemporaneity, vis-a-vis, the execution of the registered deed of conveyance inter-se the plaintiff, and, contesting defendants rather being a sequel to, or, appertaining to a commercial transaction, other, than, the one embodied in the impugned sale deed. Since the plaintiff, has not, contested the afore contention by preferring any replication thereto, thereupon, the afore contention/espousal, carries tenacity, and, obviously nails the afore contention, reared by the counsel for the plaintiff. In aftermath, prima-facie, at this stage, the impugnings made by the learned counsel for the plaintiff, vis-a-vis, the apposite sale deeds, and, hinged, upon, no sale consideration in contemporaneity, vis-a-vis, the execution of registered sale deed, passing from vendee to the vendor hence is rudderless, and, obviously is rejected.

(3.) Be that as it may, the rejection of the afore espousal of the plaintiff in COMS No. 23 of 2018, would not relieve M/s Nirvana Woods and Hotels Pvt. Ltd, of, the dire obligation, of, its ensuring its raising construction, upon, the suit land, upon, its/theirs holding, a, valid sanction, from the authorities concerned, vis-a-vis, the proposed construction. In sequel the contesting defendants are permitted to raise construction, only upon, its holding a validly meted sanction, by the authorities concerned, and, also if construction is commenced by M/s Nirvana Woods and Hotels Pvt. Ltd, yet with the authorized person hence, on, behalf of M/s Nirvana Woods and Hotels Pvt. Ltd, filing an affidavit with a clear disclosure therein, that, it would not claim any equities, in, the construction raised, upon, the suit land, (a) even if a verdict adverse to it is pronounced, upon, COMS No. 8 of 2017, and, upon COMS No. 23 of 2018, (b) thereupon, the afore espousal made in the affidavit furnished, on behalf of M/s Nirvana Woods and Hotels Pvt. Ltd, shall obviously carry the requisite binding effects, upon, it. Since accordingly prima-facie case is loaded in favour of the applicants/defendants concerned, balance of is convenience also is loaded in favour of the applicants/defendants concerned, and, also since, the, continuance of the order, strived to be modified rather would encumber hardship and injury, upon, the applicants/defendants concerned, hence not recompensable in monitory terms thereupon, the relevant order(s), is/are, with the afore observations hence modified.