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INDEX

s.No. PARTICULARS PAGES

1. Application for directions on behalf of


Applicant/ Objector to the property added l-20
in the auction list dated 27.8.2016 and
30.9.2O 16 alongwith Affi davit.

2 ANNEXUREA.l. A copy of possession


letter dated 30.4.1996 issued by DDA. 21-22

3 ANNEXURE A-2. A copy of the Perpetual


Lease Deed dated 7.6.1996 issued by DDA 23-38
in favour of initial allottee.

4. ANNEXURE A-3. A copy of the General


Power of Attorney dated 3.7.1996 in favour 39-43
of Pearls Green Forest Ltd.
I

5. ANNEXURE A-4. A copy of the Agreement


to Sell dated 3.7.1996 in lavour of Pearis 44-49
Green Forest Ltd.

6 ANNEXURE A-5. A copy of the Special


Power of Attorney dated 03.7.1996 in 50-51
favour of Pearls Green Forest Ltd.

7 ANNEXURE A-6. A copy of the Will dated


O3.7.1996 in favour of Pearls Green Forest 52-53
Ltd.

8 ANNEXURE A-7. A co py of the receipt on


an amount of Rs.11 lakhs dated 03'7.1996' -54-

9 ANNEXURE A-8. A co py
of the General
Power of Attorney dated 12.3.1997 in 55-58
favour of Pearls Green Forest Ltd.

10. AN NEXURE A-9. A copy of the SPecial


Power of AttorneY dated 12.3.1997 1n -59-
favour of Pearls Green Forest Ltd.

11. ANNEXURE A-10. A co py of the Agreement


to Sell dated 12.3.1997 in favour o f Pearls 60-63
Green Forest Ltd.

t2. ANNEXU RE A-11. A co of the Indemni


Bond dated 12.3.1997 in favour of Pearls 64-66
Green Forest Ltd.

13. ANNEXURE A-12. A copy of the Will dated


12.3.1997 in favour of Pearls Green Forest 67-68
Ltd.

74. ANNEXURE A-13. A copy of the Affidavit


dated 12.3.1.997. 69-70

i5. ANNEXURE A-14. A copy of the Possession


Letter dated 12.3.1997 . -7 t-
76. ANNEXURE A-15. A copy of the receipt on
an amount of Rs.11 lakhs daled 12.3.1997. -72-

17. ANNEXURE 4-16. A co py of the Agreement


to Sell dated 22.9.200 1 executed between 73-77
PGFL and PACL.

18. ANNEXURE A-17. A copy of the Agreement


to Sell dated 19.6.2008. 78-86

19. ANNEXURT A-18. A copy of the General


Power Attorney dated 19.6.2008. 87-9t
20. ANNEXURE A-19. A copy of the Special
I
Power Attorney dated 19.6.2008. -92-

2t. ANNEXURE A-2O. A copy ol the Will dated


1.9.6.2008. 93-94

22. ANNEXURE A-21. A copy of the Afhdavit


dated 19.6.2008. 95-96

23. ANNEXURE A-22. A copy of the Possession


Letter dated 19.6.2008. -97 -

2+. ANNEXURE A-23. A copy of the receipt for


the sum of Rs.71 Lakhs in favour of 98-99
Mukesh Goel.

25. ANNEXURE A-24, A copy of the


Conveyance Deed dated 26.O3.2009 in - 100-
favour of Mukesh Goel.

26. AN NEXURE A-25. A co py of the sale deed


dated 9.9.2009 in favour of the Applicant i01- 105
by Mr. Mukesh Goel.
27. ANNEXURE A-26. A co py of the letter
dated 77.7.2013 issued by the Authority in 106- 107
favour of the Applicant,

28.1 ANNEXURE A-27. A copy of the General


Power Attorney dated 5.71.2O14. 108-111

29. ANNEXURE A-28. A copy of the Agreement


to Sell dated 5. 71.2014. rt2-rt6
30. ANNEXURE A-29. A copy of the Afhdavit
dated 5.1 l.2ol4. 117-118
11
JL. ANNEXURE A-3O. A copy of the Possession
letter dated 5.L1.2014. -119-

ao ANNEXURE A-31. A copy of the Wiil dated


5.1 i.2014. 120-t21

JJ. ANNEXURE A-32. A copy of the receipt for


the sum of Rs.4 crores in lavour ol the
Applicant. t22-123

34. ANNEXURE A-33. A copy of the order


dated 2.2.2076 passed by this Hon'ble 1.24-731
Court.

35. ANNEXURE A.34. A copy of the website


mentioning therein said property as one of t32-t39
the properties of PACL included for auction.

36. ANNEXURE A-35. A co py of the objection


dated 3.3.2017 hled by the Applicant before 140-r46
the Lodha Committee.

J/. AN NEXURE A-36. A co py of the order


dated 15.11.2OL7 passed by this Honble 147-152
Court.

38. ANN EXURE A.37. A copy of the order


dated 22.L2.2017 Pas sed by the Ld. District 153- 160
Judge, Shri R.S. Virk (Retd.).
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. NO. _ OF 2018
IN
CIVILAPPEAL NO. 13301 OF 2015

IN THE MATTER OF: -

Subrata Bhattacharya ...Appellant

Versus

Securities & Exchange Board of India .. Respondents

AND IN THE MATTER OF:

AGM SUPER ESTATES LTD


Through its Director
Mr. Ashok Kumar Mehta
G.H.9, Flat No.S,
Near Sunder Vihar,
Paschim Vihar, West Delhi,
Delhi- 1 10 087 ...Applicant

APPLICATION FOR DIRECTIONS ON BEHALF OF


F
APPLICANT/OBJECTOR TO THE PROPERTY ADDED IN
THE AUCTION LIST DATED 27.A,2OL6 AND 30.9.2016

TO,
THE HONtsLE CHIEF JUSTICE AND
HIS COMPANION JUSTICES OF THE
HONtsLE SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE APPLICANT ABOVE
NAMED

MO ST RESPECTFULLY SHOWETH:-

1 That the present application has been hled by the


abovenamed Applicant herein chaltenging the order dated

22.12.2OL7 passed by Ld. Shri R'S. Virk, District Judge


d.

(Retd.) whereby, the Ld. District Judge (Retd.) has

dismissed the objections fi1ed by the Applicant herein.

2. By way of said objections, the Applicant herein being an

actual and rightful owner of property admeasuring


325.54 sq. mtrs, bearing Plot No.28, Sector 10, Dwarka,

New Delhi (hereinafter referred as "subject property")

had sought for delisting of subject property which has


been wrongfully included in the auction list as one of the

properties of PACL for sale.

3. The dismissal of objections filed by the Applicant herein

is based upon an erroneous finding of the Ld. District


Judge that the transfer of the subject property has

already been affected by the Applicant herein in favour of

PACL on the strength of GPA dated 5/17/2014 (Stamp

Paper No. IN-DL2840 184 105205M) and therefore, the

Applicant has no locus standi to prefer any objection

against the inclusion of subject property in the auction


list.

4 The Ld. District Judge has erroneously placed reliance

upon GPA dated 5/lll2ol4. On a bare perusal of the

said GPA, it is evidently clear that although the said GPA

has been executed between abovenamed Applicant/AGM

Super Estates Pvt. Ltd. and M/s. PACL Ltd but in


a
O

relation to some other property i.e. No.7, Block Number-

C, built upon land measuring 324 square metres, Vikas

Puri, New Delhi-110018 and not in relation to the subject

property in question. The relevant extracts of

unregistered GPA are reproduced herein under:

"........ legal and lawful Gerueral Attorney to do


the follouing acts, deeds,and things in our name
and on our behalfin respect of Bullt uo second
.floor, (Wtthout Roof Rlshts) of Freehold
Properta Number 7, In Block Number C.
VikasPuri Neu Delhl-77OO78 conslstin o
Four Bedroom, Four Tollet cum bathroom
one drawlno Room. One Kltchen Dlnlnq.
Front Balconu.,..."

5. The order daLed 22.1,220),7 passed by the Ld. District

Judge is detrimental to the valuable and legal rights of

ownership of the Applicant herein, in the subject property.

Aggrieved by the order dated 22.12.2017 passed by


Learned District Judge, the Applicant herein has preferred

the said application.

BRIEF FACTS

6 Brief facts leading to the hling of the present application

and also elaborating herein the 'chain of title' in ad'

seriatim ruise qua the subject property is as follows:

(i) The aforesaid property was initially allotted vide

ietter no. F.27(56)92LSB(R)940 dated 12'01'1996


+
by DDA to one Jaggi S/o. Shri Yad Ram being an
Original allottee. DDA had issued a possession

letter dated 30.4.1996 and subsequently executed


perpetual lease deed dated 07.06.1996 in the favour

of Jaggi and his wife Smt. Khazani.

A copy of possession letter dated 30.4.1996 issued

by DDA is annexed hereto and marked as

ANNEXURE A-1. (AT PAGES TO


- -)
A copy of the Perpetual Lease Deed dated 7.6.1996

issued by DDA in favour of initial aliottee is


annexed hereto and marked as ANNEXURE A-2'

(AT PAGES _ TO
-)
(ii) Subsequent, thereto vide General Power of Attorney'

Agreement to SelI, Special Power of Attorney and


by the initial
Will, all dated 13'7'1996 was executed
Green Forest Ltd'
allottee (Jaggi) in favour of Pearls
of Attorney dated
A copy of the Generai Power
Green Forest Ltd' is
3.7.1996 in favour of
Pearls
RE A-3.
hereto and marked as
annexed
To
(AT PAGES
- -)
ernent to Sell dated 3'7'1996
rlr
Agre
A copy of the
Ltd' is annexed hereto
Pearls Gre en Forest
favour of
4. (AT PAGES
as
and rnarked

To
-)
A copy of the Special Power of Attorney dated
03.07.1996 in favour of Pearls Green Forest Ltd. is

annexed hereto and marked as ANNEXURE A-5.

(AT PAGES _ TO _)
A copy of the Will dated 03.07.1996 in favour of
Pearls Green Forest Ltd. is annexed hereto and
marked as ANNEXURE A-6. (AT PAGES _ TO _)
A copy of the receipt of an amount of Rs.11 lakhs
dated 03.07.1996 is annexed hereto and marked as

ANNEXURE A-7. (AT PAGES TO


- -)
(iii) In the month of March, 7997, Pearl Green Forest
Ltd. executed General Power of Attorney, Special

Power of Attorney, Agreement to Sell, Indemnity


Bond, Will, Affidavit, Possession Letter and receipt

of Rs. 15 iakhs all dated 12.3. L997 in favour of one,

Mr. Nirmal Singh Bhangoo.

A copy of the General Power of Attorney dated


12.3.1997 in favour of Pearls Green Forest Ltd. is
annexed hereto and marked as ANNEXURE A-8.

(AT PAGES _ TO _)
A copy of the Special Power of Attorney dated
l2.3.lgg7 in favour of Pearls Green Forest Ltd' is
annexed hereto and marked as AN NEXURE A-9.

(AT PAGES TO
- -)
6

A copy of the Agreement to Sell dated 72.3.1997 in


favour of Pearls Green Forest Ltd. is annexed hereto

and marked as ANNEXURE A-1O. (AT PAGES _


TO _)
A copy of the Indemnity Bond dated 12.3.1997 in
favour of Pearls Green Forest Ltd. is annexed hereto

and marked as ANNEXURE A-11. (AT PAGES _


To _)
A copy of the Will dated 12.3.1997 in favour of

Pearls Green Forest Ltd. is annexed hereto and

marked as ANNEXURE A-12. (AT PAGES _ TO

_)

A copy of the Afhdavit dated 12.3.1997 is annexed

hereto and marked as ANNEXURE A-13. (AT


PAGES TO
- -)
A copy of the Possession Letter dated 12.3.1997 is

annexed hereto and marked as ANNEXURE A-14.

(AT PAGES _ TO _)
A copy of the receipt on an amount of Rs.1 1 lakhs

dated 12.3.1997 is annexed hereto and marked as

ANNEXURE A-15. (AT PAGES _ TO _)

(iv) While accessing the website for auction of PACL

properties i.e. www.auctionpacl.com, it was found

by the Applicant herein that the subject property


JI

was being put up on sale as one of the PACL


properties on the basis of Agreement to SeIl dated

22.9.2OO1 which was aliegediy executed between

PGFL and PACL. The said Agreement to Sell was


unregistered document and it was obvious that the
parties did not act upon the said Agreement to Sell

and the sarne was never fructified.

A copy of the Agreement to Sell dated 22.9.2OO1


executed between PGFL and PACL is annexed

hereto and marked as ANNEXURE A-16. (AT


PAGES _ TO _)

(v) Mr. Nirmal Singh Bhangoo has then executed a

registered agreement to sell, GPA, Will, Afhdavit and

Possession Letter and also receipt for the sum of


Rs.71 Lakhs in favour of Mukesh Goel.

A copy of the Agreement to SeIl dated 19.6.2008 is

annexed hereto and marked as ANNEXURE A-17.

(AT PAGES _ TO _)
A copy of the General Power Attorney dated

79.6.2008 is annexed hereto and marked as

ANNEXURE A-18. (AT PAGES _ TO _)


A copy of the Special Power Attorney dated

19.6.2008 is annexed hereto and marked as

ANNEXURE A-19. (AT PAGES _ TO _)


/n
w
()

A copy of the Will dated i9.6.2008 is annexed

hereto and marked as ANNEXURE A-2O. (AT

PAGES _ TO _)
A copy of the Affidavit dated 19.6.2008 is annexed

hereto and marked as ANNEXURE A-21. (AT


x PAGES TO

A copy of the Possession Letter dated 19.6.2008 is

annexed hereto and marked as ANNEXURE A-22.

(AT PAGES _ TO _)
A copy of the receipt for the sum of Rs.71 Lakhs in

favour of Mukesh Goel is annexed hereto and

marked as ANNEXUREA-23. (AT PAGES _ TO

_)

ir (ui) On 2.4.2OO8, Mukesh Goel through Jaggi (the


original allottee) applied for grant of sanction for
construction vide letter dated 02.04.2008 and after

completion, submitted building plan as aiso

construction photograph, pursuant where to DDA

granted occupancy certificate dated 06.11.2008.


Subsequently, Mukesh Goel then submitted

documents such as treasury slip for transfer,

challan, receipt of freehold conversion. On

submission of said documents, DDA has issued a


9
Conveyance Deed dated 26.03.2009 in favour of
Mukesh Goe1.

A copy of the Conveyance Deed dated 26.03.2009 in

favour of Mukesh Goel is annexed hereto and

marked as ANNEXURE A-24. (AT PAGES _ TO


Y _)

(vii) Thereafter abovenamed Mukesh Goel had executed


registered sale deed way back in 09.09.2009 for an

amount of Rs. 85 Lakhs in favour of the Applicant

i.e. AGM Estates which can be estabiished by the


proof of payment, property tax receipts along-with

proof of payment through cheque and pursuant


thereto mutation in favour of the Applicant was
entered on 17.O7.2013 vide letter bearing

no.Taxs/ Mut/ Dy A&C/N GZ I 20 t3 I t7 53.


A copy of the sale deed dated 9.9.2OO9 in favour of

the Applicant by Mr. Mukesh Goel is annexed

hereto and marked as ANNEXURE A-25. (AT


PAGES TO
- -)
A copy of the letter dated \7.7.20 13 issued by the

Authority in favour of the Applicant is annexed


hereto and marked as ANNEXURE A-26. (AT
PAGES TO
,-\
IU

(viii) The Ld. Single Judge while dismissing the

application for objection filed by the Applicant relied

upon a General Power of Attorney dated 5.ll.2Ol4

executed between M/s. PACL and the Applicant and

held that since the said property has already been

sold off by the Applicant to PACL Ltd. Appiicant


herein has no locus standi to file the present
objection pertaining to the said property. On
reference to the GPA dated 5.11.2014 affected vide

stamp No. IN-DL28141637880499M, it is

abundantly clear that the said GPA dated


5.11.2014 aiongwith Agreement to Sell dated
5.I1.2014, afhdavit dated 5.11.2014, Possession

letter dated 5.L1.2O14, Will dated 5.11.2014 and


receipt dated 5.11.2014 for an amount of Rs.4
crores is not in relation to the subject property but

relates to property bearing No.7 Block, No.C, built

upon land measuring 324 sq. mtrs. VikasPuri, New

Delhi-110 018.

A copy of the General Power Attorney dated


5.77.2O14 is annexed hereto and marked as

ANNEXURE A-27. (AT PAGES _ TO _)


A copy of the Agreement to Sell dated 5.11.2014 is

annexed hereto and marked as ANNEXURE A-28.

(AT PAGES _ TO _)
It

A copy of the Affidavit dated 5.ll.2ol4 is annexed


hereto and marked as ANNEXURE A-29. (AT
PAGES _ TO _)
A copy of the Possession letter dated 5.11.2014 is
annexed hereto and marked as ANNEXURE A-3O.
\+
(AT PAGES _ TO _)
A copy of the Will dated 5.11.2014 is annexed
hereto and marked as ANNEXURE A-31. (AT
PAGES _ TO _)
A copy of the receipt for the sum of Rs.4 crores in

favour of the Applicant is annexed hereto and


marked as ANNEXURE A-32. (AT PAGES _ TO

_)

(ix) The present appeal was filed by the Appellant


herein wherein this Hon'ble Court has constituted a

committee chaired by Honble Mr. Justice R.M.

Lodha, Former Chief Justice of India vide order

dated 2.2.2016 (herein after referred as

"Committee"). The said committee was constituted

for disposing of the land purchased by PACL, so

that the sale proceeds can be paid to the investors


who had invested their funds in the company for

the purchase of land. In the said order, this


Honble Court has categorically stated that the
lq
lv-

decision with regard to sale of property of PACL by

the Committee shall not be interfered with by any


other Court apart from this Hon'ble Court.

A copy of the order dated 2.2.2016 passed by this

Honlcle Court is annexed herewith and marked as

ANNEXURE A-33. (AT PAGES _ TO _)

(x) It came to the knowledge of the Applicant that the


said property has been included in a list shown on

the website of www.auctionpacl.in for sale as MR


No.5093 with details of seller being described as

PGF Ltd. a sister concern of PACL and the details of

buyers being PACL India Ltd.

A copy of the website mentioning therein the said


property as one of the properties of PACL is
annexed hereto and marked ANNEXURE Ajg4. (AT

PAGES To _)
("i) On 3.3.2017, the Applicant herein has hled its
objection for auction of said property being included

as one of the properties of PACL before Hon'ble Mr.

Justice Lodha Committee. In the said application,

Applicant herein stated the facts establishing that

they are the lawful and registered owner of the said

property as per law and has provided all the

documents establishing the chain of title and


t3

ownership of said property from the very inception

tiil the registered sale deed being executed in favour


of Applicant by Mr. Mukesh Goel.

A copy of the objection dated 3.3.2017 filed by the

Applicant before Hon'ble Justice Lodha Committee

is annexed hereto and marked as ANNEXURE A-

35. (AT PAGES _ TO _)

(xii) This Hon'ble Court vide order dated i5.71.2O17,


directed Shri R.S. Virk, District Judge (Retd.) to

hear objections raised by the parties such as

Applicant herein who has interest in one of the


properties included in the auction list for sale by
the said committee. It was directed that Ld. Mr.
Virk (Retd. District Judge) shall take up these

matters on an urgent basis and submit his report

within a period of 4 months.

A copy of the order dated 15. ll.2017 passed by this

Hon'ble Court is annexed hereto and marked as

ANNEXURE A-36. (AT PAGES _ TO _)

(xiii) Subsequent to the order dated 15.11.2017 passed


by this Hon'ble Court, the Learned District Judge
dismissed the objection petition filed by the

abovenamed Applicant vide order dated 22.12.2O1.7.

Aggrieved by the order dated 22.12.2017, the


l+-

abovenamed Applicant has preferred the present


application.

A copy of the order dated 22.12.20L7 passed by the

Ld. District Judge, Shri R.S. Virk (Retd.) is annexed

hereto and marked as ANNEXURE A-37. (AT


PAGES _ TO _)

7. The Learned District Judge has dismissed the

Application for objections filed by the Applicant vide

order dated 22.12.2017 on an erroneous reference to the

GPA dated 5.L1.2O14 vide stamp No.lN-

DL2814163788O499M executed between the Applicant

and PACL. On the basis of said GPA, the Ld. District


Judge came to a conclusion that by virtue of GPA dated

V 5.1,1.2014, the Applicant is no longer the owner of the

property which now vests with PACL and therefore has

no locus standi to raise the objection qua the subject


property.

8. It is submitted by the Applicant herein that the Ld.


District Judge has incorrectly relied upon the GPA dated
5.17.2014 and wrongly dismissed the vested rights of the

Applicant to hle objections as the GPA does not have any

relation to the subject property in question. In fact, GPA

has been executed between abovenamed Applicant and

M/s. PACL Ltd. for a property situated in Vikaspuri, New


ls
Delhi. The relevant extract of the order dated 22.12.2017

passed by Learned District Judge (Retd.) is recapitulated

herein under:

"......as per the said entry, the sale pice of this


is 4 crores and the transfer
propertg utas
effected uide the stamp No. //V-

DL28141637880499M, on the strengthof GPA


(stamp No. IN-DL2814163788O499M) by AGM
SUPER ESTA?ES PVT LTD in Jauour of PACL
dated 05/11/2014 which aspect has been
uithheld bg the objector herein. Thus the objector
is no longer the owner of this propertg which nou
uest with PACL and therefore has no locus standi
to prefer the objection petition in hand"

9. From the aforesaid facts, it is clear that the abovenamed

Applicant has a complete chain of documents in their

favour and the only document which relates to M/s.


PACL is an unregistered agreement to sell dated
22.09.2OO1executed by M/s PGF in favour of M/s. PACL

limited. However, the said document is of no

consequence for the fact that the same is unregistered


document and DDA has executed conveyance deed in

favour of Mr. Mukesh Goel after going through the


veracity of all the documents and has further taken the

consent of J"egt (Original Owner/Allottee).

10. Inspite of taking notice of the submissions made by the

Applicant herein in their objection petition, the Ld'


t6

District Judge has refused to accept the submissions


made by the Applicant on the premise that the Central

Bureau of Investigation had taken the original records of

the transfer of the property in question into possession


vide Malkhana register (MR No. 425/16). The Learned
District Judge had wrongly relied upon the said entry by

stating that the sale price of this property is Rs.4 crores

and the transfer was affected vide the stamp No. IN-
DL28141637880499M, on the strength of GPA (Stamp
Paper No. IN-DL284018a105205M) by Applicant 1n

favour of PACL dated 5/111201,4, which aspect has been

withheld by the Applicant herein and therefore has no

loca1 standi to prefer the objection petition.

1 1. It is submitted that the Learned District Judge had failed


to appreciate the fact that a registered sale deed has been

executed in favour of the Applicant by Mr. Mukesh Goel

in whose favour a conveyance deed has been executed by

DDA in the year 2009. By virtue of the registered sale

deed in respect of the aforesaid property which is a

freehold property, the abovenamed Applicant herein has

vested owner's right, title and interest in the valuable


property. The reliance on the GPA dated 5lILl2OLa by

the Learned District Judge is uncalled for as it has no

bearing on the subject property.


)7

12. It is humbly submitted that the Appeilant is a bona-fide


purchaser of the said property and shall not be

prejudiced on account of wrongly placed reiiance on a

document (i.e. GPA) by the Learned District Judge. The

order dated 22.12.2016 passed by the Learned District

Judge (Retd.) is detrimental to the vested rights of the

Applicant and shall be set aside. And in effect thereto,

said property shal1 be delisted from the properties


attached by the committee chaired by Hon'ble Supreme

Court vide order dated 02.02.2016 in the captioned


Appeal.

13. It is submitted that in view of the materia-l and relevant


facts revealed by the Applicant herein, it shall be
expedient in the interest of justice that this Hon'ble Court

may direct the Respondent to de-list the subject property

from the auction list provided by Respondent on its


website as one of the properties for sale of PACL Ltd.

14. It is submitted that great prejudice and irreparable injury


will be caused to the Applicant, if this Hon'ble Court does

not direct the Respondent to de-list the subject property

from the list of properties being included for auction of

properties owned by PACL or its sister concern.


ls

15. That the balance of convenience is in favour of the


Applicant. The Applicant shall suffer irreparable harm
and injury if the present application is not allowed.

PRAYER

It is most respectfully prayed that this Hon'ble Court may be

pleased to:-

a) direct the Respondent to delist the subject property being

bearing Plot No.28, Sector 10, Dwarka, New Delhi from

the list of properties as one of the PACL's properties


attached by the Honble Mr. Justice R.M. Lodha
Committee for sale;

b) pass such other and further order(s) as this Honble

Court may deem fit and proper in the facts and

circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT SHALL,

AS IN DUTY BOUND, EVER PRAY.

DRAWN & FILED BY:

(MOHTT PAUL)
ADVOCATE FOR THE APPLICANT
Off: A-86, Ground Floor, Defence Colony
New Delhi -110024
Phone: +9 1- 1 1-41024429
Mobile:+9 198 1084 1 57 1, 87 44883241
c.c. 1899
Place : New Delhi

Dated: .06.2018
t7

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

t.A. NO. _ OF 2018

IN

CIVIL APPEAL NO. 13301 OF 2015

lN THE MATTER OF: -

Subrata Bhattacharya ...Appellant

Versus

Securities & Exchange Board of India Respondents

AND IN THE MATTER OF :

AGIVI Super Estates Ltd. ...ApplicanVObjector

AFFIDAVIT

l, Ashok Kumar Mehta, s/o. Shri H.L. lVlehta, aged about 67 years,

having its office at G.H.-9, Flat No.5, Near Sunder Vihar, Paschim Vihar,
!t
West Delhi, Delhi-110 087, do hereby solemnly affirm and state as

under:-

1. That I am Director of the Applicant Company in the aforesaid

matter and as such I am well acquainted with all the facts and

circumstances of the case and am fully authorized to swear this

affidavit.

2. I say that I have heard and understood the contents of the


accompanying application for direction and the same are true and

correct to the best of my knowledge and belief, no part thereof is

false and nothing material has been concealed therefrom.


2o
3. Annexure is true copy of their respective originals.

DEPONE "J>_
NT

VERIFICATION:
I, the abovenamed deponent do hereby verify that
the contents of the above affidavit are true to the
best of my knowledge as based on records of the
case and nothing is false and nothing material has
been concealed therefrom.

Verified by me on this day of ,2018 at


New Delhi.

,"M$+-
fi,,^uruo',- A lro
D<

DELH I DEVELOPMENT AUTHORITY


LAND SALES BRANCH (RESIDENTIAL)
Block C-ll, 3'd Floor,
Vikas Sadan, lNA,
New Delhi-1 10 023

No. F27(56)92lLSB (Resdl. )/51 67 30.4.1996

From : Dy. Director (LA) Resdl.


1r1,

To,

Sh. Jaggi,
s/o. Sh. Yad Ram alias Yadu
R|o.272, Vill. & P.O. Badarpur
New Delhi

Sub.: Handing over the possession of Plot No.28 Block Section 10,

Pocket _ measuring 325.54 Sq. Mtr. ln Dwarka Resdl


Scheme

Sir/lVladam,

It is intended to hand over the possession of the Plot


mentioned above to you in anticipation of execution of lease deed

which is likely to take some time, The Asstt. Engineer concerned

has been directed to hand over the possession of the said plot on

14.5.1996 at 11.00 a.m. to you. You are, therefore, requested to

be present at plot site on the appointed time and time.

You may kindly sign the letter of undertaking to execute the lease

deed when called upon to do so. This letter will be presented by

you at site,

1
nq
x<
Please note that in case you do not turn up at site on the

date and time for taking over the possession, the next date for

handing over the possession will be fixed only on payment of

Rs.50/- per month by you and this penalty will increase with every

successive month upto six months after which the allotment will be

cancelled and earnest money forfeited.

Yours faithfully

sd/-
Deputy Director (LA) Resdl.

Copy fonvarded to :

1. DD (Survey) Dwarka alongwith file, for handing over the


possession of plot to the allottee at the appointed date and

time. Three specimen signatures and one photo, duly

attested, is also enclosed.

2. The Assessor & Collector, Assessment & Collection Deptt.

MD (HO), S.P. Mukerjee Marg, Opp. Delhi Railway Station,

Delhi

sd/-
Deputy Director (LA) Resdl

\l-
Tu€- G?7"

2
c)o
d.c
nexuk:- Lfz

PERPETUAL LEASE DEED

This lndenture made this _ day of _ one thousand

nine hundred and _ between the President of lndia (hereinafter

called "the Lessor") of the one part and Shri Jaggi, s/o. Sh. Yad

Ram alias Yadu & Smt. Khazani, w/o. Sh. Jaggi, r/o. 272 Vill. &

P.O. Badarpur, New Delhi (hereinafter called "the Lessee") of the

second part

Whereas the Lessee has applied to the Lessor, for the grant of a

lease of the plot of land, belonging to the Lessor, hereinafter

described and the Lessor has on the faith of the statements and

representations made by the Lessee, accepted such application

and has agreed to demise the said plot to the Lessee in the

manner hereinafter appearing.

Now this indenture witnesseth that, in consideration of the

amount of Rs.6600301 (Rupees Six lacs Sixty Thousand Thirty

only) paid towards premium before the execution of these presents

(the receipt where of the Lessor hereby acknowledges) and of the

rent hereinafter reserved and of the covenants on the part of the

Lessee hereinafter contained, the Lessor doth hereby demise unto

the Lessee, All that plot of land being the residential Plot No.28,

Block No.10 in the layout plan of Dwarka containing by

admeasurement an area. of 325.54 sq. mts. Or there abouts

situated at Dwarka .which residential plot ls more particularly


described in the schedule hereunder written and with boundaries

3
-?+
thereof for greater clearness has been delineated on the plan

annexed to these presents and thereon coloured red (hereinafter

referred to as "the Residential Plot") together with all rights,

easements and appurtenances whatsoever to the said Residential

Plot belonging or appertaining to hold the premises unto the

Lessee in perpetuity from 14th day of May one thousand nine

hundred and ninety six.

Yielding and Paying therefore yearly rent payable in advance

of Rs.1l (Rupees One only) upto the 13th day of May, Two
thousand One and thereafter at the rate of two and a half percent

of the premium (the sums already paid and such other sum or

sums hereafter to be paid towards premium under the covenants

and conditions hereinafter contained) or such other enhanced rent

as may hereafter be assessed under the covenants and conditions


=
hereinafter contained clear of all deductions by equal half yearly

payments on the fifteenth day of January and the fifteenth day of

July in each year at the Reserve Bank of lndia, New Delhi or at

such other place as may be notified by the Lessor for this purpose,

from time to time, the first of such payments to be made on the

fifteenth day of July one thousand nine hundred and the rent

amounting to Rs.Sl (Rupees Five only) from the date of


commencement of this Lease to the last mentioned date having

been paid before the executlon of these presents.

4
q-4
J>
Subject always to the exceptions, reservations, covenants

and conditions hereinafter contained, that is to say, as follows :-

l. The Lessor excepts and reserves unto himself all mines,


minerals, coal, gold washing, earth oils and quarries in or

under the Residential plot, and full right and power at all
ir
times to do all acts and things which may be necessary or

expedient for the purpose of searching for, working,

obtaining, removing and enjoying the same without providing

or leaving any vertical support for the surface of the

Residential plot or for any building for the time being standing

thereon provided always that the Lessor shall make


reasonable compensation to the Lessee for all damage
directly occasioned by the exercise of the rights hereby

reserved or any of them


=
ll. The Lessee for himself, heirs, executors, administrators and

assigns covenants with the Lessor in the manner following

that into say :-

(1) The Lessee shall pay within such time such additional

sum or sums towards premium as may be decided

upon by the Lessor on account of the compensation

award by the Land Acquisition Collector being

enhanced on reference or in appeal or bother and the

decision of the Lessor in this behalf shall be final and

binding on the Lessee.

5
Qr
&t

The yearly rent of two and a half percent of the


premium thereby reserved shall be calculated on the

sum received towards premium by the Lessor before

the execution of these presents and on such additional

sum or sums payable towards premium as provided

herein from 13th day of May and Two Thousand One.

(2) The Lessee shall pay upto the Lessor the yearly rent

hereby reserved on the days and in the manner

hereinbefore appointed.

(3) The Lessee shall not deviate in any manner from the

layout plan nor alter the size of the residential plot

whether by sub-division, amalgamation or otheruvise.

3 (4) The Lessee shall, within a period of two year from the

14th day of May one thousand nine hundred and Ninety

Six (and the time so specified shall be of the essence

of the contract) after obtaining sanction to the building

plan, with necessary designs, plan and specifications

from the proper municipal or other Authority, at his own

expenses, erect upon the residential plot and complete

in a substantial and workman like manner a residential

building for private dwelling with the requisite and

proper walls, sewers and drains and other


conveniences in accordance with the sanctioned

6
1.r
oz 1-

building plan to the satisfaction of such municipal or

other authority.

(5Xa) The Lessee shall not sell, transfer, assign or

othenruise part with the possession of the whole or any

part of the residential plot except with the previous

consent in writing of the Lessor which he shall be

entitled to refuse in his absolute discretion.

Provided that, such consent shall not be given for

a period of ten years from the commencement of this

Lease unless, in the opinion of the Lessor, exceptional

circumstances exist for the grant of such consent.

Provided further that, in the event of the consent

being given the Lessor, exceptional circumstances


3
exist for the grant of such consent.

Provided further that, in the event of the consent

being given the Lessor may impose such terms and

conditions as he thinks fit and the Lessor shall be

entitled to claim and recover a portion of the unearned

increase in the value (i.e. the difference between the

premium paid and the market value) of the residential

plot at the time of sale, transfer, assignment, or parting

with the possession, the amount to be recovered being

fifty percent of the unearned increase and the decision

7
o()

of the Lessor in respect of the market value shall be

final and binding.

Provided further that the lessor shall have the

pre-emptive right to purchase the property after


deducting fifty percent of the unearned increase as

aforesaid.

(b) Notwithstanding anything contained in Sub-

Clause (a) above, the Lessee may, with the previous

consent in writing, of the Lieutenant Governor of Delhi

(hereinafter called the Lieutenant Governor) mortgage

or charge the residential plot to such person as may be

approved by the Lieutenant Governor in his absolute

discretion.

Provided that, in the event of the sale or fore-

closure of the mortgaged or charged property, the


Lessor shall be entitled to claim and recover the fifty

percent of the unearned increase in the value of the

residential plot as aforesaid and the Lessor's share of

the unearned increase shall be a first charge, having

priority over the said mortgage or charge. The

decision of the Lessor in respect of the market value of

the said residential plot shall be final and binding on all

parties concerned.

8
So
d.J

Provided further that the Lessor shall have the

pre-emptive right to purchase the mortgaged or

charged property after deducting fifty percent of the

unearned increase as aforesaid.

(6) The Lessor's rlght to the recovery of fifty percent of the

unearned increase and the pre-emptive right to


purchase the property as mentioned herein-before
shall apply equally to an involuntary sale or transfer

whether it be by or through an executing or insolvency

cou rt.

(7) Notwithstanding the restrictions, limitations and

conditions as mentioned in sub clause (5) (a) above,

the Lessee shall be entitled to sublet the whole or any

part of the building that may be erected upon the

residential plot for purposes of private dwelling only on

a tenancy from month to month or from a term not

exceeding five years.

(8) Whenever the title of the Lessee in the residential plot

is transferred in any manner whatsoever the transferee

shall be bound by all the covenants and conditions

contained herein and be answerable in all respects

therefor

9
r^\
x
<J

(9) Whenever the title of the Lessee in the residential plot

is transferred in any manner whatsoever, the transferor

and the transferee shall within three months of the

transfer give notice of such transfer in writing to the

Lessor

ln the event of the death of the Lessee the person on

whom the title of the deceased devolves shall, within

three months of the devolution, give notice of such

devolution to the Lessor.

The transferee or the person on whom the title

devolves, as the case may be, shall supply the Lessor

certified copies of the document(s) evidencing the

transfer or devolution.

(10) The Lessee shall from time to time and at all times pay

and discharge all rates, taxes, charges and


assessments of every description which are now or

may at any time hereafter during the continuance of

this Lease be assessed, charged or lmposed upon the

residential plot hereby demised or on any building to be

erected thereupon or on the landlord or tenant in

respect thereof

(1 1) All arrears of rent and other payments due in respect of

the residential plot hereby demised shall be

10
3t
recoverable in the same manner as arrears of land

revenue.

(12) The Lessee shall in all respect comply with and be

bound by the building, drainage and other bye-laws of

the proper municipal or other authority for the time


being in force.

(13) The Lessee shall not without sanction or permission in

writing of the proper municipal of the proper municipal

or other authority erect any building or make any

alteration or addition to such building on the residential

plot.

(14) The Lessee shall not without the written consent of the

Lessor use, or permit to be carried on, the residential

plot or building thereon any trade or business

whatsoever or use the same or permit the same to be

used for any purpose other than that of private dwelling

or do or suffer to be done therein any act or thing


whatsoever which in the opinion of the Lessor may be

a nuisance, annoyance or disturbance o the Lessor

and persons living in the neighbourhood.

Provided that, if the Lessee is desirous of using

any residential Plot or the building thereon for a

purpose other than that of private dwelling, the Lessor

11
Os
c/.,
may allow such change of use on such terms and

conditions, including payment of additional premium

and additional rent, as the lessor may in his absolute

discretion determine.

(15) The Lessee shall at all reasonable times grant access


to the residential plot to the Lieutenant Governor for

being satisfied that the covenants and conditions

contained herein have been and are being complied

with

(16) The Lessee shall on the determination of this Lease

peacefully yield up the said residential plot and the

building thereon unto the Lessor.

lll. lf the sum or sums payable towards the premium of the

yearly rent hereby reserved or any part thereof shall at any

time be in arrears and unpaid for one calendar month next

after any of the days whereon the same shall have become

due whether the same shall have been demanded or not, or

if it is discovered that this Lease has been obtained by

suppression of any fact or any mis-statement, mis-

representation or fraud or if there shall have been, in the

opinion of the Lessor, whose decision shall be final, any

breach by the lessee or by any person claiming through or

under him of any of the covenants or conditions contained

herein and on his part to be observed or performed, then and

72
Co
.)>
in any such case, it shall be lawful for the Lessor,
notwithstanding the waiver of any previous cause or right or

re-entry upon, the residential plot hereby demised and the

buildings thereon, to re-enter upon and take possession of

the residential plot and the buildings and fixtures there upon

this Lease and everything herein contained shall cease and

determine and the Lessee shall not be entitled to any

compensation whatsoever not to the return of any premium

paid by him

Provided that, notwithstanding anything contained

herein to the contrary, the Lessor may without prejudice to

his right of re-entry as aforesaid; and in his absolute

discretion, waive or condone breaches, temporarily or

otheruvise, on receipt of such amount and on such terms and

conditions as may be determined by him and may also

accept the payment of the rent which shall be in arrear as

aforesaid together with interest at the rate of ten percent per

annum or as decided by the Lessor.

lV. No forfeiture or re-entry shall be effected until the Lessor has

served on the Lessee a notice in writing :-

a) Specifying the particular breach complained of, and


b) if the breach is capable of remedy requiring the
Lessee to remedy breach

13
3t-
and the Lessee fails within such reasonable time as may be

mentioned in the notice to remedy the breach if it is capable

of remedy, and in the event of forfeiture or re-entry the


Lessor may in his discretion, relieve against forfeiture on

such terms and conditions as he thinks proper.

Nothing in this clause shall apply to forfeiture or re-entry:

a) for breach of covenants and conditions relating to sub-

division or amalgamation, erection and completion of

building within the time provided and transfer of the

residential plot as mentioned in clause ll, or

b) in case this Lease has been obtained by suppression

of any fact, mis-statement, mis-representation or fraud

V. The rent hereby reserved shall be enhanced from the first

day of January, Two Thousand and Thirty Six and thereafter,

at the end of each successive period of thirty years, provided

that the increase in the rent fixed at each enhancement shall

not at each such time exceed one half of the increase in the

letting value of site without buildings at the date on which the

enhancement is due and such letting value shall be assessed

by the Collector or Additional Collector of Delhi as may be

appointed by the Lessor.

Provided always that any such assessment of letting

value for the purpose of this provision shall be subject to the

T4
().-
5>
same right on the part of the Lessee of appeal from the

orders of the said Collector or Additional Collector and within

such time as if the same were an assessment by a Revenue

Officer under the Punjab Land Revenue Act, 1887(XVll of

1887), or any amending Act, for the time being in force and

the proceedings for in relation to any such appeal shall be in

all respects governed by the provisions of the said Act, in the

same manner as if the same had been taken thereunder

Vl. ln the event of any question, dispute or difference, arising


under these presents, or in connection therewith (except as

to any matters the decision of which is specially provided by

these presents) the same shall be referred to the sole

arbitration of the Lieutenant Governor or any other person

appointed by him. lt will be no objection that the arbitrator is

a Government Servant, and that he has to deal with the

matters to which the Lease relates, or that in the course of

his duties as a Government Servant he has expressed views

on all or any of the matters in dispute or difference. The

award of the arbitrator shall be final and binding on the

parties.

The arbitrator may, with the consent of the parties,

enlarge the time, from time to time, for making and publishing

the award.

15
c1 y'
3b

Subject as aforesaid, the Arbitration Act, 1940 and the

Rules thereunder and any modification thereof for the time

being ln force shall be deemed to apply to the arbitration

proceedings under his Clause.

Vll. All notices, orders, directions, consents or approvals to be


given under this Lease shall be in writing and shall be signed

by such officer as may be authorised by the Lieutenant


Governor and shall be considered as duly served upon the

Lessee or any persons claiming any rights to the residential

plot if, the same shall have been affixed to any building or

erection whether temporary or otherwise upon the residential

plot or shall have been delivered at or sent by post to the

then residence, office or place of business or usual or last

known residence, office or place of business of the Lessee or

such person

Vlll.(a) All powers exercisable by the Lessor under this Lease

may be exercised by the Lieutenant Governor. The Lessor

may also authorise any other officer or officers to exercise all

or any of the powers exercisable by him under this Lease

(b) The Lieutenant Governor may authorise any officer or

officers to exercise all or any of the powers which he is

empowered to exercise under this lease except the powers of

the Lessor exercisable by him by virtue of sub-clause(a)


above

16
3?

lX. ln this Lease the expression, the Lieutenant Governor means

the Lieutenant Governor of Delhi for the time being or in case

his designation is changed or his office is abolished, the

officer who for the time being is entrusted, whether or not in

addition to other functions, with the function similar to those

of the Lieutenant Governor by whatever designation such

officer may be called. The said expression shall further

include such officer as may be designated by the Lessor to

perform the functions of the Lieutenant Governor under this

Lease

X. The expressions the Lessor and the Lessee herein before

used shall where the context so admits include, in the case of

the Lessor his successors and assigns, and in the case of

the Lessee his heirs, executors, administrators or legal

representatives and the person or persons in whom the


lease-hold interest hereby created shall for the time being be

vested by assignment otherwise.

Xl. This Lease is granted under the Government Grants Act,

1895 (Act, XV of 1895)

ln witness whereof Shri H.G. Khurana for and on behalf of any by

the order and direction of the Lessor has hereunto set his hand and

Shri/Shrimati Jaggi J. Khazani the Lessee, has/have hereunto set

his/her/their hand day and year first above written

!7
33
THE SCHEDULE ABOVE REFERRED TO

All that plot of land being the Residential Plot No.28 in Block

No.10 in the layout plan of Dwarka Resdl. Scheme sanctioned by

eh Standing Committee of the Municipal Corporation of Delhi/New

Delhi Municipal Committee/Delhi Development Authority/Delhi


Cantonment Board by Resolution No.78 dated the 21't day of

August one thousand nine hundred and eighty six land measuring

325.54 sq. mts. or thereabouts bounded as follows :-

North : Plot No.29

East :Plot No.33

:
South Plot No.27

West: Road 9 mts.

And shown in the annexed plan and marked with its boundaries in

red.

Signed by Shri H.G. Khurana

For and on behalf of and by the order

And direction of the President of lndia (Lessor)

ln the presence of :

(1) Shri R.K. Bhardwaj


S. Asst.
Signed by Shri/Shrimati Jggi
& Smt. Khazani
272 Badarpur, N.D. (Lessee)
ln the presence of
(1) Shri Raj Kumar
F-135

I t ----r-
l1'qe- Cp ?'/ "
18
3e
fr01^.r,,0., uls

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENT THAT We, Jaggi S/o Sh.

Yad and Smt. Khazani Wo. Sh. Jaggi both Rlo 272, Vill. P.O

Badarpur, New Delhi (hereinafter called the EXECUTANTS), do

hereby appoint, nominate and constitute Sh. B.K, Kalia Son of Late

Shri Ram Sarup, resident that 403, Lakeview Apartments, Paschim

Vihar, New Delhi, (hereinafter called the General Attorney) as our

true and lawful General Attorney, to do all acts, deeds and things in

our name and on our behalf under his/her own signatures, as

deems fit and proper, in any manner, in respect Plot Number 28,

measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan Kalan

Residential Scheme, New Delhi, with the lease hold rights of the

land under the said property, of which we are Co-owner by virtue of

perpetual lease deed Regd. No.9190. Book No. 1, Vol. No.8458

't! on pages 127 to 132, d|.25.6.1996, in the office of sub-Registrar,

Delhi.

1. To pay the lease money and other dues regarding the above

mentioned plot to the concerned authority on demand

2. To manage, control and supervise of the said plot in any

manner

3. To sign, verify, present and pursue all kinds of suits,

applications, affidavits, review, revision in all the courts and

19
+.
departments concerned from lower to highest jurisdictions in

respect thereof

4. To deal all matters with all the local competent revenue


M.C.D./D.D.A. authorities in respect thereof.

5. To apply and get all kinds of sale permission for the transfer

of the said plot or property to be constructed on the said plot

of land

6. To file, affidavit or reply to any letter or notice issued by the

concerned authority or any other departments in respect

thereof.

7. To obtain the quota and -permits of Cement, Bricks, lron and

from the and other building materials and to get the same

authorities to give applications, affidavits, and other


documents to produce the Ration Card and to do all acts,

deeds and things which are necessary for the same.

8. To apply and get the Electric, Water, Power and Sewage

connection and other services sin the said property from the

authorities concerned and to submit C & D forms etc. for

obtaining the necessary permission and to sign the same.

9. To deposit and withdraw the security money or any amounts

from the office, of the concerned authorities.

20
Ft
10. To apply and get the plan sanctioned from the concerned

office and if necessary to apply and get extension of time.

11. To apply and get any compensation amount if awarded by

any of the authority in respect thereof

12. To engage any building contractor sign agreement for the

construction and to do all acts, deeds and things which

necessary for the same.

13 To apply and get completion certificate from the office of the

Land & Building department or any other authority

14. To apply and get lncome Tax Clearance certificate from the

departmenUauthority concerned for the transfer of the said

property to be constructed on the said plot.

15. To sell, mortgage, gift, lease, relinquish, otherwise and to

deal with the said plot or property to be constructed on the

said plot, to execute the sale deed, and documents,

supplemental of sale deed admit its execution, transfer the

possession, receive the entire sale consideration amount, get

the same duly registered before the sub Registrar,,

concerned, after issue of all sale permission from the

concerned authorities.

16. To apply and get mutation sanctioned from the office of the
appropriate authority in respect thereof
fis
Lr/
,_-

17. To enter into an agreement for the sale of the said plot or

property to be constructed on the said plot with any


person(s).

18. To convert the above mentioned plot from the lease hold

rights into free hold rights from the office of the lessor, to pay

the conversion charges and in this regard to make and file

any sort of application, affidavit, sign prescribed forms, to

sign and execute any kind of affidavits, lndemnity Bond,


Undertaking etc. to get the conveyance deed or any other

deeds and documents, to present the same for registration

before the Sub Registrar, concerned

19. To appoint any arbitrator in respect of any disputes or


difference regarding the said plot and to accept the award of

the said Arbitrator.

20. To appoint further attorney, advocate etc

21 . This General Power of Attorney shall be irrevocable.

AND ALSO GENERALLY to do all acts, deeds and things


regarding the said property which are not specifically mentioned in

this deed as myiour said attorney deems fit and proper.

lAlVe hereby ratify and confirm that all acts, deeds and things which

have been done my/our attorney shall be considered as valid and

effective as if the same were done by me/us in person

22
&g

lN WITNESS WHEREOF, lAlVe has/have signed this General

Power of Attorney on this 3'd day of July 1996 in the presence of

the following witnesses:-

WITNESSES:

1 EXECUTANT (S)

o1'ru, Gvy t1

,1
+4-
ff,nn u^y"a:-fi
f+
AGREEMENT TO SELL

THIS AGREEMENT IS MADE & EXECUTED AT DELHI ON THIS

3RD DAY oF JULY, 1996 BETWEEN Jaggi S/o Sh. Yad and Smt.

KhazaniWo Sh Jaggi both Rlo272, Vill. P.O. Badarpur, New Delhi

(hereinafter called the FIRST PARTY).

AND

M/s. Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, through its Vice-President Sh. B.K.

Kalia, (hereinafter called the SECOND PARTY).

The expression FIRST PARTY & SECOND PARTY shall mean and

include the parties, their respective heirs, successors, legal

representatives, executors and assigns

Whereas the First Party is the owner of Plot Number 28, land

measuring 325 sq. Mtrs. Sector 10, situated at Dwarka, Pappan

Kalan Residential Scheme, New Delhi, with the lease hold rights of

the land under the said property, by virtue of perpetual lease deed

Regd. No.9190. Book No. 1, Vol. No.8458 on pages 127 to 132,

dt. 25.6.1996, in the office of sub-Registrar-ll, Delhi which is

bounded as under:-

East: - Plot No. 33

North:- Plot No. 29

West: -Road9mts.

South:- Plot no.27

24
4s
AND WHEREAS the first party in sound and disposing mind,

without undue influence, coercion or fraud, and for legal

requirements and necessities has/have agreed to sell and transfer

the above mentioned property unto the second party for a total sale

consideration of Rs. 11,00,000/- Rs. Eleven Lakh Only) and for


which the second party has/have also agreed to purchase the

same and the first party has received the entire sale consideration

from the second party through a separate legal receipt, the receipt

of which is hereby admitted and acknowledged by the first party.

NOW THIS AGREEIUENT WITNESSESTH AS UNDER

1. That the first party has/have delivered the actual physical

vacant possession of the above mentioned plot to the second

party on the spot.

2. That the second party shall realise all the rents profits of the

said plot from the date of execution of agreement and the

first party shall not demand any amount the second party or

his/her/their nominee/tenants after this date.

3. That the first party have got no claim, title and interests with

the said plot and the building to be constructed thereof and

the second party has/have become its sole and absolute


owner and is at liberty to utilise the same in any manner

25
+$
4. That the first party had not entered into any sort of
agreement with any body for the sale or transfer of the said

plot prior to the execution of this agreement and the first

party shall not create any charges on the said after this date.

5. That the first party hereby assures and declare that

he/she/they is/are the sole, absolute and exclusive

owner/sub-lessee of the above mentioned plot under sale

along with the lease hold rights of the land under the said plot

respectively and the same is free from all sorts of

encumbrances like sale, mortgage, gift, lien, decree, charges

etc. etc. and there is no legal defect in the title of the first

party, if it is proved, otherwise then the first party will be liable

to indemnify the second party to the extent of loss sustained

by the second party with costs and expenses etc.

6. The after the issue of sale permission from the office of the

lessor or any other authority and/or the competent authority

under the provisions of the Urban Land (Ceiling and

Regulations) Act, 1976 if necessary, the first party shall

execute proper sale transfer deed of the above said plot with

the lease hold rights of the land under the said plot in favour

of the second party or in favour of his/her/their nominee and

shall get the same registered in the office of the Sub-

Registrar concerned when required by the second party and

the first party shall be bound to provide the lncome Tax

26
+7
Clearance Certificate at the time of proper transfer of the said

plot, if necessary

7. That all the expenses of stamp papers, registration charges,

transfer fees, conversion charges of D.D.A. or any other

competent authority and any other charges to be levied

thereafter regarding the transfer of the said plot shall be paid

and borne by the second party

8. That all the dues, demands lease money, taxes, charges,

duties, liabilities and outgoing, charges etc. if any regarding

the said plot shall be paid and borne by the first party upto

the date of execution of this agreement to sell and thereafter

the same shall be paid and borne by the second party, which

whenever required by the D.D.A., M.C.D, or any other

competent authority concerned and in this respect the


second party shall deposit lease money, house tax or any

other charges relating the said property to be constructed

upon the said plot and the first party shall not be responsible

and liable for all the same.

9. That whenever and wherever the presentation of the first

party will be required from the completion of any acts, deeds

and things in support of this transfer in favour of the second

party or in his/her/their nominee(s) and the flrst party shall

execute, sign and present for the same

27
+8

10. That the second party will be entitled/authorised to construct

the building upon the said plot at his/her/their own cost and

consequences and in this respect he/she/they will apply and

get the completion certificate of the said property from the

D.D.A. after the completion of construction work of the said

property and now the second party has become the sole and

complete owner of the said property and he/she can enjoy

his/her full right in the manner he/she likes and he/she can

get mutated/ transferred the said property in his/her/their own

exclusive name with the DOtuMCD or any other authority

concerned and the first party have no, objection for that

11. That this agreement shall be irrevocable and binding upon all

the parties and their respective heirs and successors.

12. That in the first party violate and infringes the terms and

conditions laid down in this agreement then the second party

shall be entitled to get the said transaction completed


through the court is law under the suit for lndian specific

performance Act that the costs and consequences of the first

party

lN WITNESS WHEREOF, both the parties have signed this

agreement after understanding the contents of the same in


vernacular, which have been explained to each of them and

28
+q
admitted the same as true and correct on the day, month & year,

first above written, in the presence of the following witnesses:-

WITNESSES

1 FIRST PARTY

2 SECOND PARTY

v
<\\
Q_ue.ur\

29
So
fr""eXt4re,- A
lS
SPECIAL POWER OF ATTORNEY

KNOW ALL IV1EN BY THESE PRESENT THAT We, Jaggi S/o Sh

Yad and Smt. Khazani Wo Sh Jaggi both Rlo 272, Vill. P.O.

Badarpur, New Delhi, (hereinafter called the EXECUTANTS), do

hereby appoint, nominate and constitute Sh. B.K, Kalia Son of Late

Shri Ram Sarup, resident that 403, Lakeview Apartments, Paschim

Vihar, New Delhi, (hereinafter called the Special Attorney) as our

true and lawful General Attorney, to do all acts, deeds and things in

our name and on our behalf under his/her own signatures, as

deems fit and proper, in any manner, in respect Plot Number 28,

measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan Kalan

Residential Scheme, New Delhi, (hereinafter called the Property)

Whereas our above said Special Attorney is fully authorised

to sell/transfer the our above mentioned property to any person, to

execute the sale deed, admit its execution, transfer the possession,

receive the entlre sale consideration amount, and to present the

sale deed for registration, and get the same registered with the

Sub-Registrar, concerned. And also to obtain the necessary same

permissions NOCs from the DepartmenV Authority concerned for

getting the sale deed registered.

We hereby agree to ratify and confirm that acts, deeds and things

which done by our said' attorney shall be binding us.


SI
lN WITNESS WHEREOF, This Special Power of Attorney is made

at Delhi, on this 3'd day of July'l 996 in the presence of the

following witnesses:-

WITNESSES

1 EXECUTANTS

Ypov co?Y"
5
A
H
o
WILL

This Will is made and executed at Delhi, on 3.7.1996, by Shri Jaggi

S/o Sh. Yad R/o 272, Vil. P.O. Badarpur, New Delhi, hereinafter

called the Testator

Life is short but God knows when it may come to an end

Hence I with my free Will and without any pressure make this Will

with my sound and disposing mind

Whereas I am the owner and in possession of one half


undivided share of Plot Number 28, measuring 325 sq. Mtrs. Sector

'1
0, Dwarka, Pappan Kalan Residential Scheme, New Delhi, with

the lease hold rights of the land under the said property

I hereby bequeath that after my death my above said

property with the lease hold rights shall go and devolve upto M/s

Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, through its Vice-President Sh. B.K.

Kalia, (hereinafter called the Executor) to the exclusion of all my

other legal heirs and successors

ln case any one raises any objection and challanges this Will,

the objection shall be treated as null and void.

lN WITNESS WHEREOF, I have signed this Will at Delhi, in

the presence of the following witnesses,

WITNESSES

'1. TESTATOR

2.
s3
WILL

This Will is made at Delhi on 3.7.96, by Smt. Khazani Jaggi

wife of Shri Jaggi Rlo 272, Vill. P.O. Badarpur, New Delhi,

hereinafter called the Testator.

Life is Short but God knows when it may come to an end,

hence I with my free will without any pressure make this will with

my sound and disposing mind.

That whereas I am the owner of One half undivided share

Plot Number 28, measuring 325 sq. Mtrs. Sector 10, situated at

Dwarka, Pappan Kalan Residential Scheme, New Delhi, with the

lease hold rights of the land under the said property

I hereby bequeath that after my death my said property with

the lease hold rights shall go and devolve upon M/s pearls Green

Forests Ltd. Second Floor, Vaishali Building, Paschim Vihar, New

De hi, Vise-President B.K. Kalia, to the exclusion of all my other

legal heirs and successors.

ln case any one raise any objection and challenges this will,

the objection shall be treated as null and void.

lN WITNESS WHEREOF, this will is made at Delhi, in the presence

of the following witnesses.

WITNESSES

1 TESTATOR

2
\i
-T R uE b?'t ,1
ftrtvre^aru;- fi
RECEIPT

We, Jaggi S/o Sh. Yad Ram and Smt. KhazaniWo Sh. Jaggi both

Rlo 272, Vill, & P.O. Badarpur, New Delhi, received a sum of Rs.

1 1,00,000/- (Rs. Eleven Lakh Only) FROM M/s. Pearls Green

Forests Ltd., Second floor, Vaishali Building, Paschim Vihar, New

Delhi, through its Vice-President Sh. B.K.Kalia, in full and final

discharge and settlement against the sale of Plot No. 28, land

measuring 325 Sq.meters, Sector-10, situated at Dwarka, Pappan

Kalan Resdl. Scheme, New Delhi, prior to the execution of this

Receipt, the Executants dbth hereby acknowledge receipt of the

same, as per terms and conditions laid down in the agreement to

sell dt. 3.7.96, vide Pay order No. 86857, d|.2.7.96 issued by State

Bank of Jawala Heri, Paschim Vihar, New Delhi.

lN WITNESS WHEREOF, this Receipt is made & executed at

Delhi, on 3.7.96, in the presence of the following witnesses.

WITNESSES:-

1 EXECUTANTS

(^
Ru e C"Py"
9s
fFnruurorn/A

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENT THAT I , Shri B.K, Kalia

Son of Late Shri Ram Sarup, resident that 403, Lakeview


Apartments, Paschim Vihar, New Delhi, (hereinafter called the

EXECUTANT) do hereby appoint, authorise, nominate constitute

and empower Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal

Singh, resident of A-8/1-A, DLF Phase-1 , Gurgaon, Haryana as my

true legal and lawful general attorney to do the following acts,

deeds and things in my behalf in respect of my Plot Number 28,

measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan Kalan

Residential Scheme, New Delhi, (hereinafter called the property),

which is bounded as under:-

NORTH Plot Number 29

EAST Plot Number 33

WEST Road 9 meters

SOUTH Plot Number 27

1 To supervise, manage, control and look after my said

property.

2 To appear and act in all the offices of the Delhi Development

Authority, Municipal Corporation of Delhi, Electricity,

Department, Water Supply and Sewage Disposal

undertaking, Delhi Admn., and all other concerned authorities

and allied local offices in respect of any matter regarding the

:)
5{
said property and to file/submit any applications, affidavits,

statements, documents, undertaking, indemnity Bond etc.

3. To apply and get sanctioned site plan for construction of


building on said property from the concerned authorities

4. To apply and get permission for extension of time for


construction on the said property from the concerned

authorities.

5. To apply and get the completion certificate after the


completion of construction works on the said property from

the concerned authorities.

6. To apply and get the electric, water, sewerage and power

connections in the sald property from the concerned


authorities and to file/submit all kinds of documents far the

said purpose under own signatures.

7. To let out the said property whole or any part, share, portion,

floor thereof to any person for any period, on any rent, on any

terms and conditions.

8. To receive the compensation amount or the alternative site

from the Government if the said property is acquired.

9. To appoint any further General and Special Attorney


regarding the said ProPertY.
(r
(-) t

'1
0. To appoint any Advocate/pleader ta proceed all sorts of
cases regarding the said property

11. To enter into an agreement for the sale of the said property

and sign the same in favour of the purchaser, to receive sale

price, advance money, part payment from the purchaser, to

issue proper receipt thereof.

12. To apply and get the necessary N.O.C./Sale Permission for

the sale of the said property from the concerned authorities.

13. To execute and sign proper sale deed, mortgage deed, gift

deed, lease deed, release deed, exchange or any

supplementary/ rectification deed(s) of the said property in

favour of any person, and submit the same in the office of the

concerned Sub-Registrar, Delhi and get the same regd

14. And Generally to do all acts, deeds and things which are not

mentioned in this General Power of Att6rney also but my/our

said General Attorney (s) may deemed fit and proper to

which may be required necessary to be dare by his/her/their

under his/her/their own signatures for the said ,purpose.

15. This General Power of Attorney shall be irrevocable

All acts, deeds and things lawfully done by my/our above


named Attorney shall always be treated as val.id and effective as if
5E
the same have been done by me/us personally and shall be

binding on me/us.

ln Witnesses Whereof lAlVe have signed this General Power of

Attorney at New Delhi, In the presence of the following witnesses

on this 1210311997.

Witnesses:

1.
Sign
Name
S/o
R/o
EXECUTANT

I
UE U PYl
5q
fl"n,ne"u ru-Al3

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENT THAT I , Shri B.K, Kalia

Son of Late Shri Ram Sarup, resident that 403, Lakeview

Apartments, Paschim Vihar, New Delhi, (hereinafter called the

EXECUTANT) do hereby appoint, authorise, nominate constitute

and empower Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal

Singh, resident of A-8/1-A, DLF Phase-1 , Gurgaon, Haryana as my

true legal and lawful general attorney to do the following acts,

deeds and things in my behalf in respect of my Plot Number 28,

measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan Kalan

Residential Scheme, New Delhi, (hereinafter called the property),

2. To Sell my said property to any purchaser, to enter into an

agreement to Sell, to receive sale consideration, to issue receipt for

the same, to execute proper legal sale deed and the same

registered in the office of concerned Sub-Registrar, and to sign an

affidaviVdeclaration that may be required for registration of the Sale

Deed

ln Witnesses whereof l, have signed this S.P.A. at New Delhi in the

presence of the following witnesses on this 12.03.1997

Witnesses

2
EXECUTANT
(8.K. KALrA)
(o
nUvre.- fr
lt t)

AGREEMENT TO SELL

This agreement is made and executed at New Delhi on this

12.03.1997, by and between:

ltrl/s Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, through its Vice-President Shri B.K.

Kalia son of Late Shri Ram Sarup, resident of 403, Lakeview

Apartments, Paschim Vihar, New Delhi, (hereinafter called the First

Party) and Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal

Singh, resident of A-8/'1-A, DLF Phase-1 , Gurgaon, Haryana,

(hereinafter called the Second Party).

The expression of the both the parties shall mean and include their

respective legal heirs, successors, executors, administrators

representatives and legal assigns.

WHEREAS the First Party is the true and laMul owner of Plot

Number 28, measuring 325 sq. Mtrs. Sector '10, Dwarka, Papan

Kalan Residential Scheme, New Delhi, (hereinafter called the

property) which is bounded as under:-

NORTH Plot Number 29

EAST Plot Number 33

WEST : Roadgmeters

SOUTH : Plot Number 27

And whereas the first party has agreed to sell the above mentioned

property to the second party and the second party has also agreed
6t
to purchase the said property on the following terms and conditions

of this agreement to sell and purchase:-

1. That the total sale consideration of the said property has

been fixed by the between the both parties at a sum of Rs.

15,00,000/- (Rupees fifteen lacs only) and first party has

received full and final sale consideration of the said property

from the second party vide a separate receipt.

2. That the First party has delivered vacant physical possession

of the said property with complete ownership to the second

party, and the second party has occupied the said property

3. That the fist party has handed over all original documents &

papers relating to the said property to the second party.

4. That the second party shall be fully competent to enter into

further agreement with anyone for sale of the said property &

to receive earnest money/part payment or full sale

consideration from intending purchaser.

5. That the First Party assures the Second Party that the above

said property subject matter of this Agreement is free from all

sorts of encumbrances such as prior sale, gift, lien, court

order, attachments, decree, acquisition and requisitions and

if proved otherwise the first party will make good the loss
r'c\
11o<

suffered by the Second party from its movable and


immovable properties.

6. That all the previous dues and taxes i.e. House Tax, water

and electricity bills etc. or like upto the date of this Agreement

shall be paid by the first party & thereafter by the Second

Party to all the concerned authorities.

7. That this Agreement shall be irrevocable and conclusive and

the first party will not create any charge or lien on the said

property after the execution of this Agreement.

8. That all expenses on this Agreement like stamp duty,

execution and registration charges shall be paid by the

Second Party

9 That in case the first party infringes or violates any of the

terms and conditions of this Agreement or back out from the

contract hereunder recorded, the second party shall be fully

entitled to get the contract enforced by suit of specific

performance act through the law courts of competent

jurisdiction at Delhi, at the costs & expenses of the first party.

lN WITNESSES WHEREOF, the first party and the second party

above named have signed and executed this Agreement after

reading and understanding its contents with sound mind and


/1 0
b>
without any influence of anybody else on them at Delhi, in the

presence of marginally noted witnesses.

Witnesses

1 FIRST PARTY

2. SECOND PARTY

Y.
Ue 6^PY "
6+
A"r Y1.e^t KrA lU
INDEMNITY BOND

This indemnity Bond is made and executed at New Delhi on this

12.03.1997, by and between:

M/s Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, through its Vice-President Shri B.K.

Kalia son of Late Shri Ram Sarup, resident of 403, Lakeview

Apartments, Paschim Vihar, New Delhi, (hereinafter called the

Executant)

AND

Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh, resident

of A-8/1-A, DLF Phase-1, Gurgaon, Haryana, (hereinafter called

the Purchaser)

The expression of the both the parties shall mean and include their

respective legal heirs, successors, executors, administrators,

representatives and legal assigns.

WHEREAS the Executant is the true and lawful owner of Plot

Number 28, measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan

Kalan Residential Scheme, New Delhi, (hereinafter called the


property)

And Whereas the first party due to his/her/their legal needs and

requirements has agreed to sell, transfer and convey his/her/their

rights liens and titles in the said Property unto the second party

Linder the terms and conditions of the agreemenl on 1210311997.


6s
And Whereas the second Party has agreed to purchase, acquired

and possess the same from the first party on the conditions that the

first party undertakes to indemnify and keep harmless the second

party of the losses which may be suffered, incurred, undergone and

or sustained by the second pa(y due to any acts, deeds and things

done or by the first party in respect of the said property without the

written consent of second party or if the title of the property is found

to be defective one.

And whereas the first party has consented thereto without any

conditions of reservations.

NOW THIS DEED WITNESSES AS UNDER:-

That the first party hereby undertakes to indemnify and keep

harmless the second party of the losses, which may be suffered

incurred, undergone and or sustained by the second party due to

any acts, deeds or things done by the first party in respect of the

said property without the written consent or the second party or if

the title of the property is found to be defective one.

That the first party hereby further confirms and declares that this

deed is irrevocable and shall be final and binding on him/her/them,

and on his/her/their heirs, and assigns, unless and untll it is

repugnant to the context or meaning thereof.

ln witness whereof, l/we have put my/our hands on these presents

at New Delhi, in the presence of the following witnesses.


,,6d@) ?avt-I-- L

AIUVd CNOC]S Z

l.NVt-nC3Xf / 1UVd rSUH


o/u
o/s
eu.reN

u6!s
'l

Sf SS]N.LIAA

qq
6V
ftrrrex,r n-Alt>
WILL

This Will is made and executed at New Delhi on this 12.03.1997,

by Shri B.K, Kalia son of Late Shri Ram Sarup, resident that 403,

Lakeview Apartments, Paschim Vihar, New Delhi, Vice chairman of

M/s Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, (hereinafter called the Testator) in

favour of Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh,

resident of A-8/1-A, DLF Phase-1 , Gurgaon, Haryana, (hereinafter

called the Legatee).

Whereas the Testator is the true and lawful owner of Plot Number

28, measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan Kalan
Residential Scheme, New Delhi, (hereinafter called the property),

which is bounded as under:-

NORTH : Plot Number 29

EAST Plot Number 33

WEST Road 9 meters

SOUTH : Plot Number 27

I willingly make this Will that after my death the said property, shall

become the property of the aforesaid legatee, who will be absolute

owner of the said property and shall get the same mutated,

substituted and transferred in own name, in the record of MCD,

Electricity Department, or any concerned authority, on the basis of

this WILL or its certified true copy


$a
ln case of the said legatee dies earlier than me, then the aforesaid

property shall gonad devolve upon legatee's legal helrs and

su ccesso rs.

My legal heirs, successors or nay other else shall have no right,

title or interest of any nature whatsoever in the aforesaid property,


\
and any objection, if raised regarding this WILL by them, shall be

deemed as null and void

I declare that this is my last and final WILL in respect of the

aforesaid property.

And I further declare that I have made this WILL voluntarily, without

any outside pressure, coercion of any nature whatsoever, while in

presence of my sound health and disposing mind

ln witnesses whereof I have signed this WILL at New Delhi, in the

presence of the following witnesses.

WITNESSES

1 TESTATOR

-l-Rue, C o?'/"
69
A" S
^<xutu,a f
AFFIDAVIT

M/s Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, through its Vice-President Shri B.K

Kalia son of Late Shri Ram Sarup, resident of 403, Lakeview

Apartments, Paschim Vihar, New Delhi, do hereby solemnly affirm

and declare as under:-

1. That I have sold my Plot Number 28, measuring 325, sq.

mtrs. Sector 10, Dwarka, Pappan Kalan Residential Scheme,

New Delhi, (hereinafter called the Property) to Shri Nirmal

Singh Bhangoo Sio Late Shri Gurdayal Singh, resident of A-

8/1-A, DLF Phase-1, Gurgaon, Haryana, (hereinafter called

the Purchaser), vide agreement to sell dated 12.03.1997

2. That I have also executed a WILL in favour of the said

purchaser, on dated 12.03.1997

3. That I have received full and final sale consideration vide

separate Receipt dated 12.03.1997, and have handed over

vacant physical possession of the said property to the said

purchaser and I will not claim back the possession and also

will not demand any more amount from the said purchaser.

DEPONENT

VERIFICATION
To
Verified at New Delhi, on 12.03.1997 that the above contents are

true and correct to the best of my knowledge and belief and nothing

has been concealed therein.

DEPONENT

\-aoe.caPY/
x4
tu ne..urr.'- Af 1 4
POSSESSION LETTER

l, tvl/s Pearls Green Forests Ltd., Second Floor, Vaishali Building,

Paschim Vihar, New Delhi, through its Vice-President Shri B.K.

Kalia son of Late Shri Ram Sarup, resident of 403, Lakeview

Apartments, Paschim Vihar, New Delhi, have handed over the

actual vacant, physical possession of my Plot Number 28,


measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan Kalan

Residential Scheme, New Delhi, (hereinafter called the property),

with all original documents relating to the said property to Shri

Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh, resident of A-

8/1-A, DLF Phase-1 , Gurgaon, Haryana on dated '12.03.1997.

Possession handed over by Possession Handed over by

WITNESSES:

-1-R ue cDpy,,
h ryqY. i4 )s
RECEIPT

l, M/s Pearls Green Forests Ltd., Second Floor, Vaishali Building,


Paschim Vihar, New Delhi, through its Vice-President Shri B.K.

Kalia son of Late Shri Ram Sarup, resident of 403, Lakeview

Apartments, Paschim Vihar, New Delhi, (hereinafter called the

Executant) have already received a sum of Rs. 'l 5,00,000/-


(Rupees Fifteen Lacs Only) From Shri Nirmal Singh Bhangoo S/o

Late Shri Gurdayal Singh, resident of A-8/1-A, DLF Phase-1,

Gurgaon, Haryana, as the full and final sale consideration of my

Plot Number 28, measuring 325 sq. Mtrs. Sector 10, Dwarka,

Pappan Kalan Residential Scheme, New Delhi, as per terms and

conditions of agreement to sell on dated 12.03.1997.

Hence, this receipt is made and executed at New Delhi on this

12.03.1997, in the presence of the following witnesses:-

WITNESSES:

1 EXECUTANT

2.

(,.1
-TRt:e co ly',
I:
A, yi e-X\rc',- nf I O

AGREEMENT TO SELL

This Agreement to Sell is made on this 27nd day of September

2001 al New Delhi

BETWEEN

M/s PGF Limited, A Public Limited company, incorporated under

Companies Act, 1956, having its Registered office at S.C.O. 1042-

43, Sector 22-8, Chandigarh Centre, Paschim Vihar, New Delhi-

110063, (hereinafter called to as the First party) represented by Mr.

Anand Kumar (Dy. Manager l&P) duly authorised by Board of

Directors vide its Resolution dated 14.8.2001.

AND

I\I/s PACL lndia Ltd. a Public Limited company incorporated under

Companies Act, 1956, having its Regd. Officer 22,3'd Floor, Amber

Tower, Sanasar Chand Road, Jaipur-3020)4 and Corporate office

at B-1/5, Paschim Vihar, New Delhl-1 10063, (hereinafter called as

the Second Party) represented by Mr. Manoj Kumar Manager (l&P)

duly authorised by Board of Directors, vide its Resolution dated

10.9.2001.

The expressions, First Party and Second Party, wherever they

occur in the body of this Agreement, shall mean and include the

Company's representative(s) successo(s), in office, executor(s),

attorney(s), assignee(s) and alike.


)Lr
WHEREAS the First Party is the lawful owner and in possession

and enjoyment of property situated at Plot No.28, Sector 10,

Dwarka, Pappankala, Delhi, admeasuring 325 sq. mtrs.

WHEREAS First Party, has purchased /acquired interest &

possession in the said property from Mr. Jaggi & Smt. Khazani

Devi vide agreement to sell dated 03.07.1996

AND WHEREAS First Party has agreed to sell said property with all

right, title, interest, appurtenance, easements and advantages of

whatsoever nature to the said property and Second Party has

agreed to purchase said Property for a total sale consideration of

Rs. 15,00,000/-

AND WHEREAS both the parties to avoid future complications,

have decided to reduce in writing the terms and conditions agreed

to between them being those present in the following manner:

NOW THIS AGREEMENT TO SELL WITNESSETH AS

FOLLOWS:-

1. This the total sale consideration for the said property is Rs.

15,00,000/- (fifteen lacs only)

2. That the Second Party has paid to First Party a sum of Rs

15,00,000/- by way of cheques (details are enclosed herewith

marked Annex.l), as advance sale consideration, the receipt

of which the First Party hereby acknowledges.


1e
.15

3. That First Party has valid right, absolute power and authority

to sell, transfer, convey and assign and alienate the said

property in whole or part thereof.

4. That the Transfer permission from any authority shall be

.\t obtained by the second party at there expenses.

5. That first party shall execute Transfer deed/sale deed in

favour of Second Party the balance amount of Rs. 50,0001

shall be accordingly paid by the Second Party to the First

Party at the time of execution of Transfer deed/Sale deed.

6. That the first party has agreed to deliver the complete vacant,

peaceful, laMul, unencumbered, and absolute possession of

said property to the Second party at the time of execution of

this agreement to sell i.e. on 22.9.2001 .

7. That the documents of title under which said Property is held

by the First Party are fully valid and are enforceable and are

in no way forfeited, surrendered or rendered void or voidable.

8. First party hereby declares that said property is free from all

kinds of encumbrances, charges, claims, tenancy rights,

litigations, disputes, court attachment order (whatsoever may

be), and the same is not subject to indemnity or offered as

collateral security, concomitantly said property is also not

subject to acquisition proceedings by Government. However,


?<
any defect/anomaly to this effect if noticed later on and is

brought to the notice of First Party, the First Pa(y undertakes

to indemnify Second Party from and againsUarising out of


such loss/losses, damage/damages, cost, expenses (as the

case may be) that may be caused to Second Party.

I That First Party shall do or cause to be done all such lawful

acts and things whatsoever required for conveying the said

property in favour of Second Party.

IN WITNESS WHEREOF, THE PARTIES MENTIONED ABOVE

DO HEREBY SET AND SUBSCRIBE THEIR RESPECTIVE


HAND(S) OF THErR FREE WrLL AND VOLTTTON OF THE DAY

AND DATE MENTIONED ABOVE IN PRESENCE OF THE

FOLLOWING WITNESSES.

WITNESSES

1 FIRST PARTY

2. SECOND PARTY
?q
ANNEXURE -1

Details of the payment made by Second Party and received by

First Party

Date Cheque no. Drawn on Amount(Rs.)

12 09 2001 307912 State Bank of Patiala 1.50.000.00

I
Paschim Vihar

13.09.2001 307914 State Bank of Patiala 13,50,000.00

Paschim Vihar

h
uE G Py,,
w
A*n "rr*'rfif 17
DEED OF AGREEMENT A SUM OF RS. 71,OO,OOO/-

Stamp duty @3.0% Rs.2,13,0001

Corporation Tax @ 3.0% Rs. 2,13,0001-

Total Duty @ 6.0% Rs. 4 26,0001

INFORMATION & CALCULATION IN CASE OF PLOT

Name of Colony Dwarka, Pappan Kalan

Category of Colony D

Type of Property PIot

lVlinimum rate of Land

Notified By Govt. (in Sq. Mtrs): Rs. 21,8001

1 (a) Total Covered Area with


Open land (Sq. mtrs)
i.e. Total Area of Plot 325.54 Sq. Mtrs

(b) Plinth Area in Sq Mtrs. Not Applicable

2. (a) Number of Floor Not Applicable

(b) Lift Provided or Not Not Applicable

3.(a) Type of Construction Not Applicable

(b) Structure type factor (STF) : Not Applicable

4. Year of Construction age Not Applicable


Factor

5. Type of Colony DDA Colony

6. (a) Status of building Residential

(b) Use Factor 1

7. Location/Land Mark Opposite Venkteshwar


lnternational School Sector-1 0,
Dwarka
w
CALCULATION OF STAMP DUTY AS PER CIRCLE RATE

COMPUTATION

SR. NO COMPONENT VALUE


1.

Minimum cost of land=


Minimum value of land
X area X Use Factor RS.21,900 X325.54X1
RS. 70, 96,7721-
2.
Minimum Value (1) RS.70,96,772l-
sAY RS. 71,00,000/-
3.

STAMP DUTY @ 6% OF SR.


NO.2 RS. 4,26,000/-

This agreement is made and executed at New Delhi on this


19.6.2008, by and between:-

Shri Nirmal Singh Bhangoo Son of Late Shri Gurdayal Singh,

Resident of A-871-4, DLF Pgase-1 , Gurgaon, Haryana,


(hereinafter called by First Party).

AND

Shri Mukesh Goel son of Shri J.P. Goel, resident of DA-2F, Hari

Nagar, New Delhi-110064, (hereinafter called the Second Party)

The expression of the both the parties shall mean and include their

respective legal heirs, successors, executors, administrators,

representative and legal assigns.


O

WHEREAS the First Party is the true and laMul owner and in

possession of Plot Number 28, measuring 325.54 square meters,

Sector 10, Dwarka, Pappan Kalan Residential Schema, New Delhi,

having purchased from M/s. Pearls Green Forests Ltd., Second

Floor, Vaishali Building, Paschim Vihar, through its Vice-Chairman

Shri B.K. Kalia son, of Late Shri Ram Sarup, vide Agreement to

Sellduly attested by Notary Public, Delhi, on 12.03.'1997.

And Whereas M/s. Pearls Green Forests Ltd., Second Floor,

Vaishali Building, Paschim Vihar, through its Vice-Chairman Shri

B.K. Kalia son of Late Shri Ram Sarup also purchased the said

property from (1) Shri Jaggi son of ShdYad Ram and (2) Shrimati

Khazani wife of Shri Jaggi vide Agreement to Sell duly attested by

Notary Public, Delhi on 03.07 1996.

And Whereas the said property allotted by Delhi Development

Authority to (1)Shri Jaggi son of Shri Yad Ram and (2) Shrimati

Khazani wife of Shri Jaggi, vide File Number F-27(56)92ILAB(R)

and also executed a Perpetual lease Deed duly registered as

Document No.9190, in Additional Book No. l, Volume.No.8458, on

Pages 127 to'132, on dated 25.06.1996, in the office of Sub-

registrar, Janak Purl, New Delhi-1 10058, and the four sides of the

said property are bounded as under:-

NORTH Plot Number 29


EAST Plot Number 33
WEST Road 9 meters

SOUTH Plot Number 27

t')
8t
And Whereas the first party with his sound and disposing mind and

without undue influence, coercion of fraud and for his legal

requirements and necessities has agreed to Sell and transfer the

above mentioned property i.e. Plot Number 28, measuring 325.54

square meters, Sector-10, Dwarka, Pappan Kalan Residential

Scheme, New Delhi, (hereinafter called the Property), unto the

second party for a total sale consideration of Rs.71,00,000/-

(Rupees Seventy One, Lacs Only) and the second party also has

agreed to purchase the same, at the above said sale consideration

NOW THIS AGREEMENT WITNESSETH AS HEREUNDER:-

1 That the first party has received the full and final sale

consideration i.e. a sum of Rs.71,00,000/- (Rupees Seventy

One Lacs Only) from the second party against the sale of the

',- above said property, the receipt of which is hereby admitted

and acknowledged by the first party, before the Sub-

Registrar, New Delhi, and the details of payment is given

hereunder:-

a) Rs. 9,00,000/- vide Cheque Number 898175, dated

13.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058.

b) Rs. 9,00,000/- vide Cheque Number 898176, dated

14.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058.
Ea
c) Rs. 9,00,000/- vide Cheque Number 898177, dated

15.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-'110058.

d) Rs. 9,00,000/- vide Cheque Number 898178, dated

16.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058.

e) Rs. 9,00,0001 vide Cheque Number 898179, dated

17.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058.

f) Rs. 9,00,000/- vide Cheque Number 898180, dated

18.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058.

S) Rs. 9,00,000/- vide Cheque Number 898181, dated

18.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058.

h) Rs. 9,00,000/- vide Cheque Number 898182, dated

18.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058.

2. That in consideration of the above mentioned amount the first

party do hereby sells, transfers, conveys, and assigns the

above mentioned property and all rights, titles and interests,

into the second PartY.


E:
3. That the first party has handed over the actual, peaceful,

vacant physical possession of the above said property to the

second party at the time of execution of this Agreement to

Sale

4. That the flrst party has also handed over all the previous

deeds, documents and papers relating to the said property to

the second party, at the time of execution of this Agreement

to Sale

5. That the first party has assured to the second party that the

said property is free from all sorts of encumbrances such as

prior Mortgage, Sale, Gift, Decree, Litigation, Acquirement,

Notification for acquirement etc. etc. and there is no defect in

the title of the first party and if proved otherwise, the first

party shall be liable to indemnify in full to the extent of the

loss thus sustained the second party.

6. That after execution of this agreement, the first party is left

with no claim, right, title or interest etc. in the above said

property and the second party is at liberty to use and utilize,

to give on rent, to construct, to renovate, to rebuild and/or to

Sell/Transfer the same to anyone, in any manner. The

second party may get the said property mutated either in his

own name (s) or in the name (s) of his Nominee (s) in the
9+
records of all concerned Authority(ies)/Department(s) even

without the presence of the First Party.

7. That the first party has neither entered into any sort of

Agreement with anybody else for the sale and/or transfer of

the said property nor the first party shall create any charge

on the said property after the execution of this Agreement to

Sale

8. That after execution of this Agreement to Sale the second

party shall realise all the rents and profits of the said property

and the first party shall not demand any amount from the

second party and/or its Nominee (s), Tenant(s), Occupier(s)

etc. after this date.

o That as and when the permissible first party either self or

through his attorney(s) or further Attorney(s) shall execute a

proper Transfer/Sale Deed(s) of the above said property

either in the name(s) of the second party or in the name(s) of

his Nominee (s) after obtaining the sale permission from the

office of the Lessor/concerned authority and will get the same

registered with the office of the Sub-Registrar/Registrar

concerned or will get the above said property transferred

from the office of the Lessor either in favour of the second

party and/or his nominee(s). However, all the expenses and

charges for stamp duty, sale, permission, transfer, charges,


ES

execution and registration of sale/transfer deed will be paid

and borne by the second party.

10. That whenever and wherever presentation of the first party

will be required for the completion of any Act, Deed and/or

thing regarding the transfer of the said property in favour of

the second party or its Nominee(s), the first party shall


present at the required place and will do all acts, deeds and

things required for the purpose.

11. That the prior dues, demands, taxes, arrears etc. if any shall

be paid for and borne by the first party upto the date of

execution of this Agreement and in future all such charges

will be paid by the second party, and the first party is

responsible for the conversion of the same, Any personal

visits if required for conversion, first party will have no

objection in accompany with the second party to the Delhi

Development Authority/Sub-Registrar Office. All expenditures

regarding free hold will be borne by the second party.

12. That in case the first party violates the terms and conditions

of this Agreement, the second party shall be fully entitled,

empowered to get the transaction enforced through the Court

of Law under Specific Performance Act at the risk, cost and

expenses of the first partY.


r6
lN WITNESS WHEREOF, both the parties have set their hands to

this Agreement on the day, month and year first hereinabove


written in the presence of the following witnesses, who have also

signed in the presence of the parties.

WITNESSES:

1 FIRST PARTY

2. SECOND PARTY

'Y^-

*-TRve GPY'
8+
n<xLve-.Af lB

GENERAL POWER OF ATTORNEY

WITH DEED OF SALE AGREEMENT

KNOW ALL MEN BY THESE PRESENT THAT I , Shri Nirmal


Singh Bhangoo S/o Late Shri Gurdyal Singh, resident of A-8/1-A,

DLF Phase-1, Gurgaon, Haryana, (hereinafter called the

EXECUTANT) do hereby appoint, authorise, nominate constitute

and empower Shri Mukesh Goel son of Shri J.P. Goel, resident of

DA-2F, Hari Nagar, New Dlehi-110064, as my true, legal and laMul

general attorney to do the following acts, deeds and things in my

behalf in respect of my Plot Number 28, measuring 325.54 sq

Mtrs. Sector 10, Dwarka, Pappan Kalan Residential Scheme, New

Delhi, (hereinafter called the property), which is bounded as under:-

NORTH Plot Number 29

EAST Plot Number 33

WEST Road 9 meters

SOUTH Plot Number 27

1 To supervise, manage, control and look after my said

property.

2 To appear and act in all the offices of the Delhi Development

Authority, Municipal Corporation of Delhi, Electricity,

Department, Water Supply and Sewage Disposal

undertaking, Delhi Admn, and all other concerned authorities

and allied local offices in respect of any matter regarding the


7s
said property and to file/submit any applications, affidavits,

statements, documents, undertaking, indemnity Bond etc.

3. To apply and get sanctioned site plan for construction of


building on said property from the concerned authorities.

4. To apply and get permission for extension of time for


construction on the said property from the concerned

authorities.

5. To apply and get the completion certificate after the

completion of construction works on the said property from

the concerned authorities.

6. To apply and get the electric, water, sewerage and power

connections in the said property from the concerned


authorities and to file/submit all kinds of documents far the

said purpose under own signatures.

7. To apply and get the refund of my amount if paid in excess

from the concerned authorities under own signatures

regarding the said property

5 To apply and get said property converted into free hold as

and when permissible by the concerned authorities and also

to file/ submit all kinds of documents for the said purpose and

to deposit any amount as and when directed by the Delhi


8e
Development Authority /Lessor /President of lndia and/or
concerned authorities.

9. To let out the said property whole or any part, share, portion,

floor thereof to any person for any period, on any rent, on any

terms and conditions

10. To receive and recover all the arrears of rent and other
benefits of the said property from the tenant, to issue proper

receipt thereof.

11. To file suits for the recovery of arrears of rent and also for the

eviction of the tenant from the said property in proper court of

law against the tenant

12. To receive the compensation amount or the alternative site

from the Government if the said property is acquired,

13. To appoint any further General and Special Attorney

regarding the said property.

14. To appoint any Advocate/pleader ta proceed all sorts of


cases regarding the said propertY

15. To enter into an agreement for the sale of the said property

and sign the same in favour of the purchaser, to receive sale

price, advance money, part payment from the purchaser, to

issue proper receiPt thereof.


alo

16 To apply and get the lncome Tax Clearance Certificate for

the sale of the said property from the concerned

authorities/lncome Tax Department under own signature

17. To pay all taxes, dues, charges of the said property to all the

concerned authorities.

'l 8. To apply and get the necessary N.O.C./Sale Permission for

the sale of the said property from the concerned authorities

19. To execute and sign proper sale deed, mortgage deed, gift

deed, lease deed, release deed, exchange or any

supplementary/ rectification deed(s) of the said property in

favour' of any person, Bank, Firm, Company, Authority,


Ministry to submit the same in the office of the concerned

Sub-Registrar, Delhi, to admit the execution thereof to

receive sale price, balance sale amount of the said property

from the purchaser, to issue receipt thereof and to do all such

other works which may be required necessary for the said

purpose under own sign, to get the said property


mutated/transferred in the name (s) of the Vendee (s) and/or

Donee (s) and/or ,Transferee (s) in all the Government

Revenue Records.

20. And Generally to do all acts, deeds and things which are not
mentioned in this General Power of Att6rney also but my/our

said General Attorney (s) may deemed fit and proper to


1t
which may be required necessary to be dare by his/her/their

under his/her/their own signatures for the said purpose.

21 . This General Power of Attorney shall be irrevocable.

All acts, deeds and thlngs lawfully done by my/our above


named Attorney shall always be treated as val.id and effective as if

the same have been done by me/us personally and shall be

binding on me/us.

ln Witnesses Whereof lA/Ve have signed this General Power of

Attorney at New Delhi, in the presence of the following witnesses

on this 19/06/08.

Witnesses:

1.

Sign
Name
S/o
R/o
EXECUTANT

U€ O P'/'
A
c'rl)n e-xqve r
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENT THAT I Shri Nirmal


Singh Bhangoo S/o Late Shri Gurdayal Singh, resident of A-8/1-A,

DLF Phase-1, Gurgaon, Haryana, (hereinafter called the

Executant) do hereby appoint, authorise, empower and nominate

Shri Mukesh Goel son of Shri J.P. Goel, resident of DA-2F, Hari

Nagar, New Delhi-1 10064, as my true, lawful, legal special attorney

to do the following acts, deeds and things in my name and on my

behalf in respect of Plot Number 28, measuring 325.54 sq. Mtrs.

Sector 10, Dwarka, Pappan Kalan Residential Scheme, New Delhi,

(hereinafter called the property),

2. To Sell my said property to any purchaser, to enter into an

agreement to Sell, to receive sale consideration, to issue receipt for

the same, to execute proper legal sale deed and the same

registered in the office of concerned Sub-Registrar, and to sign and

affidaviUdeclaration that may be required for registration of the Sale

Deed

ln Witnesses whereof l, have signed this S.P.A. at New Delhi in the

presence of the following witnesses on this 19th June 2008.

Witnesses

2.
Executant

T*De G ?),
%
next\r€.: A L (,
WILL

This Will is made and executed at New Delhi on this 19.06.2008,

by Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh,


resident of A-8/1-A, DLF Phase-1, Gurgaon, Haryana, (hereinafter

called the Testator) in favour of Shri Mukesh Goel son of Shri J.P

Goel, resident of DA-2F , Hari Nagar, New Delhi-1 10064,


(hereinafter called the Legatee)

Whereas the Testator is the true and laMul owner of Plot Number

28, measuring 325.54 sq. Mtrs. Sector 10, Dwarka, Papan Kalan

Residential Scheme, New Delhi, (hereinafter called the property),

which is bounded as under:-

NORTH Plot Number 29

EAST Plot Number 33

WEST Road 9 meters

SOUTH Plot Number 27

I willingly make this Will that after my death the said property, shall

become the property of the aforesaid legatee, who will be absolute

owner of the said property and shall get the same mutated,

substituted and transferred in own name, in the record of MCD,

Electricity Department, or any concerned authority, on the basis of

this WILL or its certified true copy


qr
ln case of the said legatee dies earlier than me, then the aforesaid

property shall gonad devolve upon legatee's legal heirs and

successo rs.

My legal heirs, successors or nay other else shall have no right,

title or interest of any nature whatsoever in the aforesaid property,

and any objection, if raised regarding this WILL by them, shall be

deemed as null and void.

I declare that this is my last and final WILL in respect of the

aforesaid property.

And I further declare that I have made this WILL voluntarily, without

any outside pressure, coercion of any nature whatsoever, while in

presence of my sound health and disposing mind.

lN WITNESSES WHEREOF I have signed this WILL at New Delhi,

in the presence of the following witnesses.

WITNESSES

1 TESTATOR

2. (LEGATEE)

II
-l-Rbe Co lv ,,
(-

\(xqrc.- A Ll
AFFIDAVIT

l, Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh,


resident of A-8/1 -A, DLF Phase-1, Gurgaon, Haryana, do hereby

solemnly affirm and declare as under

\< 1 That I have sold my Plot Number 28, measuring 325.54 sq.

Mtrs. Sector 10, Dwarka, Pappan Kalan Residential Scheme,

New Delhi, (hereinafter called the property) Shri Mukesh

Goel son of Shri J.P. Goel, resident of DA-2F, Hari Nagar,

New Delhi-1 10064, (hereinafter called the Purchaser), vide

agreement to sell registered in the office of Sub-Registrar,

Delhi, on dated 19th June, 2008.

2. That I have also executed a General Power of Attorney in

favour of the said purchaser, and General Power of Attorney

registered in the office on Sub-Registrar, New Delhi, on

dated 19th June, 2008.

3. That I have executed a WILL in favour of said our chaser, on

4. That I have received full and final sale consideration vide

separate Receipt dated and have handed oven

vacant physical possession of the said property to the said

purchaser and I will not claim back the possession and also

will not demand any more amount from the said purchaser.
qL

DEPONENT

VERIFICATION

Verified at New Delhi, that the above contents are true and correct

to the best of my knowledge and belief and nothing has been

t concealed therein.

DEPONENT

DATED

"-1-Rue G?y',
qT
Snnexrrc-d LL
POSSESSION LETTER

l, Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh,


resident of A-8/1-A, DLF Phase-1 , Gurgaon, Haryana, have

handed over the actual vacant, physical possession of my Plot

Number 28, measuring 325.54 sq. Mtrs. Sector 10, Dwarka,

Pappan Kalan Residential Scheme, New Delhi, (hereinafter called

the property) with all original document relating to the said property

to Shri Mukesh son of Shri J.P. Goel, resident of DA-2F, Hari


Nagar, New Delhi-110064, on dated 19th June,2008.

Possession Taken over by Possession handed over by

WITNESSES:

-feo6 Co py
Qa

$n, ,xrnrifrf z3
RECEIPT

l, Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh,


resident of A-8/1-A, DLF Phase-1 , Gurgaon, Haryana, (hereinafter

called the Executant) have received a sum of Rs. 71,00,000/- (Rs

Seventy One Lacs Only), From Shri Mukesh son of Shri J.P. Goel,

resident of DA-2F, Hari Nagar, New Delhi-110064, as the full and

final sale consideration of my Plot Number 28, measuring 325.54

sq. Mtrs. Sector 10, Dwarka, Pappan Kalan Residential Scheme,

New Delhi, as per terms and conditions of Agreement to Sell and

Purchase Deed on dated 19.06.08, and the details of payment

given below:-

a) Rs. 9,00,0001 vide Cheque Number 898175, dated

13.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058

b) Rs. 9,00,000/- vide Cheque Number 898176, dated

14.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058

c) Rs. 9,00,000/- vide Cheque Number 898177, dated

15.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058.

d) Rs. 9,00,000/- vide Cheque Number 898178, dated

16.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058.


ol?

e) Rs. 9,00,000/- vide Cheque Number 898179, dated

17.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058.

f) Rs. 9,00,000/- vide Cheque Number 898180, dated

18.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058.

S) Rs. 9,00,000/- vide Cheque Number 898181, dated

18.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-110058.

h) Rs. 9,00,000/- vide Cheque Number 898182, dated

18.06.2008, drawn on State Bank of lndia, Janak Puri,

New Delhi-1 10058

Hence, this receipt is made and executed at New Delhi on this 19th

June 2008 in the presence of the following witnesses:-

WITNESSES:

1 EXECUTANT

":-po e c, Pv "
I AD

A*n eYVre, Alrf


CONVEYANCE DEED

PLOTS ATTORNEY

This conveyance made on this 26rh March, 2009 between

hereinafter called "The Vendor" (which expression shall unless

excluded by or repugnant to the context be deemed to include his

successors in office and assigns) of the one part and Sh. Jaggi Son

of Yad Ram & Smt. Khazani Jaggi R/o 272,V&PO Badarpur, New

Delhi, through his/her Attorney Sh. Mukesh Goel son of Shri J.P

Goel, resident of DA-2F, Hari Nagar, New Delhi-110064,


hereinafter called the "Purchaser" (Which expression shall unless

excluded by or repugnant to the context be deemed to include his

successors in office and assigns) of the third part.

WHEREAS by a Lease daled 24th day of June 1996 made between

the above "Vendor" described therein as 'Lessor' of the one part

and above lessee descrlbed therein as 'lessee' of the other part

and registered on 25.6.96.

\*aRb
e CaPy "
0I

!pn^exu'": l\fLS
SALE DEED

This Sale Deed is made and executed at New Delhi, on this 9th day of

September, 2009, by and between :-

Shri [Vlukesh Goel, son of Shri J.P. Goel, resident of DA-2F, LIG

Flats, Hari Nagar, New Delhi-110 064, (hereinafter called the Vendor)

IN FAVOUR OF

AGtt/ Super Estates (P) Ltd. having its office at GH-9/5, Paschim

Vihar, New Delhi-1 10 087, through its Director Shri Gulshan Kumar

Mehta, son of Late H.L. Mehta, resident of 5/1 91, Ground Floor,

Sunder Vihar, New Delhi-1 10 087, (hereinafter called the Vendee)

Whereas the Vendor is the true, lawful owner and in possession of

Entire Free hold Built up property No. 28, measuring 325.54 sq. Mtrs.,

Sector-1 0, situated at Dwarka residential scheme, Dwarka, New

De hi, by virtue of Free hold Conveyance Deed registered AS

document No.4562, in Addl. Book No.1, Volume No.3333, on pages

41 to 43, on 26.3.2009, in the office of Sub-Registrar-Vll, l.N.A., Vikas

Sadan, New Delhi-1 10 023, and the four side which is bounded as

under :-

North : Plot No.29

East : Plot No.33

West: Road 9 mtrs.

South : Plot No.27


Jo)

And whereas the Vendor has agreed to sell the Entire Free hold built

up Property No.28, measuring 325.54 Sq. Mtrs., Sector-10, situated

at Dwarka Residential Scheme, Dwarka, New De lhi, (hereinafter

called the Property), to the Vendee, and the Vendee has also agreed

to purchase the said property on the following terms and conditions of

this Sale Deed as given below:

1. That the total sale consideration of the said property has been

fixed by and between the Vendor and the Vendee at a sum of

Rs.85,00,000/- (Rupees Eighty Five Lacs only) which the

vendor has already received in full and final consideration from

the Vendee before the Sub-Registrar-lX, Kapashera, New

Delhi-110 037, Delhi, and details of payment given below:-

a) Rs. 15,00,000/- vide Cheque No.04311'1, dated 4,9.2009,

drawn on Punjab & Sind Bank, E.C. G.S. Covent School,

GH-9, Paschim Vihar, New Delhi-'l 10 087

b) Rs.15,00,000/- vide Cheque No.043112, dated 4.9.2009,

drawn on Punjab & Sing Bank, E.C. G.S. Covent School,

GH-9, Paschim Vihar, New Delhi-110 0g7

c) Rs.18,00,000/- vide Cheque No.043114, dated 4.9.2009,

drawn on Punjab & Sing Bank, E.C. G.S. Covent School,

GH-9, Paschim Vihar, New Dethi-110 087


o -)o

d) Rs.18,00,000/- vide Cheque No.043115, dated 4.9.2009,

drawn on Punjab & Sing Bank, E.C. G.S. Covent School,

GH-9, Paschim Vihar, New Delhi-1 10 087

e) Rs.15,00,000/- vide Cheque No.043116, dated 4.9.2009,

drawn on Punjab & Sing Bank, E.C. G.S. Covent School,

GH-9, Paschim Vihar, New Delhi-'l10 087

f) Rs.4,00,000/- vide Cheque No.043'117, dated 4.9.2009,

drawn on Punjab & Sing Bank, E.C. G.S. Covent School,

GH-9, Paschim Vihar, New Delhi-110 087

2. That the said Vendor do hereby convey, transfer, sell the said

property with roof rights and all other rights, titles and interests

unto the said Vendee, who shall hereafter be the full owner of

the same and enjoy all rights of the ownership and possession

etc. to the said property.

3. That all the previous dues i.e. house tax, electricity bill, water

bill, income tax or any other dues/charges of the said property

till date of registration of this Sale Deed shall be paid by the

Vendee and in future the same shall also be paid by the vendee

to all the concerned authorities.

4. That the Vendor has handed over all original deeds and
documents relating to the said property to the Vendee at the

time of registration of this Sale Deed.


1
OV

5. That the Vendor has handed over the actual, vacant, physical

possession of the said property to the Vendee.

6. That the Vendor has assured the Vendee that the said property

under sale is free from all sorts of encumbrances such as prior

sale, mortgage, gift, lease, suits, cases, decree, notification,

family disputes, penalties, Agreement to Sell, irrevocable


General/Special Power of Attorney, dues etc. whatsoever and if

it is proved othenruise then the Vendor shall be liable and


responsible for the same

7. That the Vendor has further assured the Vendee that if the said

property under sale either in whole or any part, portion, share

thereof goes out of the possession of the Vendee due to any

defect in the title of ownership of the Vendor then the Vendor

and all his properties both moveable and/or immoveable shall

be liable and responsible to indemnify the Vendee for all such

losses, damages, etc. if any sustained and suffered by the


Vendee.

8. That the Vendor has left with no right, title, interest, share,

authority, power of ownership in any manner, of any kind in

respect of the above mentioned property under sale and has

sold, transferred, conveyed, assigned, handed over the same

unto and in favour of the vendee.

9. That the Vendor and the Vendee both are the lndian citizen.
o>

10. That all the expenses of this Sale Deed such as stamp papers,
execution and reglstration charges etc. have been paid by the

Vendee from its own funds. That the Vendee shall become the

sole and absolute owner, occupier and in possession of the

said property and shall be fully entitled, empowered, authorised

to use, occupy, hold, sale, mortgage, gift, exchange, lease out

or to transfer or to dispose off the same.

11. That the vendee shall have right to get the said property

mutated and transferred in own name from all the concerned

Government Department at own costs, expenses on the basis

of the Sale Deed

ln the witness whereof, the Vendor and the Vendee both have signed

this Sale Deed at New Delhi, in the presence of the following


witnesses, on the date, month and year first written above.

Witnesses :

1 sd/- sd/-
Deepak Rawat Vendor
S/o. B.S. Rawat
R/o. 165, Shiv Vihar
Hastsal, New Delhi
DL No. P04052006474847

2 sdi- sd/-
Krishan Kr. Vendee
s/o. Shiv Narain
r/o. T-38, Old Nangal
DelhiCantt.
DLt02t0111075484

-J-(ue (, ?Y
l0(
An^"*, n -nfZe
SOUTH DELHI MUNICIPAL CORPORATION
ASSESSMENT & COLLECTION DEPARTMENT
NAJAFARH ZONE: NEW DELHI 110059

No. Tax/M ut./Dy&A&c/NGZ 1201 31 17 53 Dated: 17.7.13

To,

AGM Super Estates (P) Ltd. at,


Paschim Vihar, through its director
Shri Gulshan Kumar Mehta,
R/o 5/'191 , GF, Sunder Vihar
New Delhi -110057

(Person(s) who have applied for mutation)

Sub.:-Mutation of Plot 28 (Residential), Sector-10, DWARKA, NEW


DELHI-75

Sir/lVladam,

Please refer to your application received in this office on dated

1310612013 for the Mutation of the aforesaid property in your


name(s). The property is being mutated in your name(s) on the

basis of the documents supplied by you

2. This is to make it clear that this mutation in the name(s)

referred above is done only for the limited purpose of

payment of property tax and in no case it will confirm devolve

any legal title or ownership whatsoever uis 128 of DMC Act

3. lf any tax liability arises on this property after this mutation for

the period prior to the date of this mutation due to creation of

any additional demand, disposal of pending proposal u/s 126

of the DMC Act, or due to any calculation mistake, the tax


o

liability shall be payable by you as agreed to by you in the

lndemnity bond submitted by you with your application for

mutation. The l\4CD will not be a party In case any dispute

comes up at any stages in any court of law.

4. Further, at a later stage, ln case of any other claimant to the

property or any dispute regarding ownership of the same or it

is found that the documents submitted or suppressed/not

genuine or any information is applicant concealed therefrom

this mutation has been executed by suppression of any fact

and/or by misrepresentation and / or fraud etc. lf any fact is

found otherwise, or any of other claimant comes up with any

dispute, this mutation shall not be treated as valid land the

same will be cancelled without any prior notice and property

will automatically revert back to the previous assesses/

taxpayer in this case. lt shall also be liable and held


responsible to indemnity for the losses, cost and expenses

etc. thus suffered by the MCD, if any.

5. This mutation shall not be treated as valld, if lt has been


constructed on the land belonging to the Govt./DDtuMCD of

which you are not the lessee/licensee, according to law and lf

any dispute arises in future.

sd/-
Dy./Asstt. Assessor & Collector
Dy. A&C NGZ Zone
SDMC

\,\
Ruo 0 PY,
firrnrrl,!r1, v
GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS THAT WE, AGM

SUPER ESTATES PRIVATE LIMITED at GH-9/5, Pachim Vihar,

New Delhi-110087, through its Director SHRI GULSHAN KUMAR

MEHTA SON OF LATE H.L, MEHTA, RESIDENT OF 5/191,

GROUND FLOOR, SUNDER VIHAR, NEW DELHI-110087


(hereinafter called the EXECUTANT) do hereby appoint, authorize,

nominate, constitute and empower M/S) PACL LIMITED, HAVING

ITS REGISTERED OFFICE AT 22, THIRD FLOOR, AMBER


TOWER, SANSAR CHAND ROAD, JAIPUR-302004,

THROUGHiITS AUTHORISED SIGNATORY SHRI ARUN BHATI,

VIDE RESOLUTION DATED as our true, legal and

lawful General Attorney to do the followings acts, deeds and things

in our name and on our behalf in respect of BUILT-UP SECOND

FLOOR (W|THOUT ROOF RTGHTS)OF FREE-HOLD PROPERTY

NUMBER 7, IN BLOCK NUMBER C, BUILT UPON LAND

MEASURING 324 SQUARE METRES, SITUATED AT VIKAS

PURI, NEW DELHI .110018, CONSISTING OF FOUR BEDROOM,

FOUR TOILET-CUM-BATHROOM, ONE, DRAWING ROOM, ONE

KITCHEN-CUlvlDlNlNG, FRONT BALCONY (hereinafter called the

Property)

1. To supervise, manage, control and lookafter our said


property.
I
o'/

2. To appear and act in all the offices of the Delhi Development

Authority, Municipal Corporation of De h Electricity,

Department, Water Supply and Sewage Disposal

undertaking, Delhi Admn., and all other concerned authorities

and allied local offices in respect of any matter regarding the

said property and to file/submit any applications, affidavits,

statements, documents, undertaking, indemnity Bond etc.

3. To apply and get the electric, water, sewerage and power

connections in the said property from the concerned


authorities and to file/submit all kind of documents for the

said purpose under own signature.

4. To let out the said property whole or any part, share, portion,

floor thereof to any person for any period, on any rent, on any

terms and conditions.

5. To receive the compensation amount or the alternative site

from the Government if the said property is acquired.

6. To appoint any further General and Special Attorney


regarding the said property.

7. To appoint any Advocate/pleader ta proceed all sorts of


cases regarding the said property

8. To enter into an agreement for the sale of the said property

and sign the same in favour of the purchaser, to receive sale


lo

price, advance money, part payment from the purchaser, to

issue proper receipt thereof.

L To apply and get the necessary N.O.C./Sale Permission for

the sale of the said property from the concerned authorities

10. To execute and sign proper sale deed, mortgage deed, gift

deed, lease deed, release deed, exchange or any

supplementary/ rectification deed(s) of the said property in

favour' of any person, and submit the same in the office of

the concerned Sub-Registrar, Delhi and get the same

registered.

11. And Generally to do all acts, deeds and things which are not
mentioned in this General Power of Attorney also but my/our

said General Attorney (s) may deemed fit and proper to

which may be required necessary to be dare by his/her/their

under his/her/their own signatures for the said purpose.

12. This General Power of Attorney shall be irrevocable.

'l 3. All acts, deeds and things lawfully done by my/our above

named Attorney shall always be treated as val.id and

effective as if the same have been done by me/us personally

and shall be binding on me/us


)1r

ln Witnesses Whereof lA/t/e have signed this General Power of


Attorney at New Delhi, in the presence of the following witnesses

on this 0511112014.

WITNESSES:

1.

Sign
Name
S/o
R/o
EXECUTANT

Ylle (e Pxt "


ttz
Ntn^. yure)-Alry
AGREEMENT TO SELL

THIS AGREEMENT TO SELL IS MADE AND EXECUTED AT

NEW DELHI ON THIS 5.11.2014 by and between

AGM SUPER ESTATES PRIVATE LIMITED at GH-9/5, Paschim

Vihar, New Delhl-110087, through its Director SHRI GULSHAN

KUMAR MEHTA SON OF LATE H,L. MEHTA, RESIDENT OF

5/91, GROUND FLOOR, SUNDER VIHAR, NEW DELHI-110087

(hereinafter called the First party)

AND

MiS PACL LIMITED, HAVING ITS REGISTERED OFFICE AT 22,

THIRD FLOOR, AMBER TOWER, SANSAR CHAND ROAD,

JAIPUR-302004, THROUGH ITS AUTHORISED SIGNATORY

SHRI ARUN BHATI, VIDE RESOLUTION DATED


(hereinafter called the Second Party).

The expression of the both parties shall mean and include their

respective legal heirs, successors, executors, administrators,

representatives and legal assigns.

WHEREAS the First Party is the true and lawful owner and in

possession of BUILT-UP SECOND FLOOR (WITHOUT ROOF

RTGHTS) OF FREE-HOLD PROPERTY NUMBER 7, rN BLOCK


NUIVIBER C, BUILT UPON LAND MEASURING 324 SQUARE
METRES, SITUATED AT VIKAS PURI, NEW DELHI,
CONSISTING OF FOUR BEDROOM, FOUR TOILET-CUM-
I t r't
ltJ
BATHROONI, ONE DRAWING ROO[\4, ONE KITCHEN-CUM-

DlNlNG, FRONT BALCONY (hereinafter called the PROPERTY)

And whereas the first party has agreed to sell the above mentioned

property and the second party has also agreed to purchase the

same from the first party, on the following term and conditions of

this Agreement to Sell.

NOW TIDS AGREEMENT WITNESSETH AS HEREUNDER:-

1. That the total sale consideration of the said property has

been fixed between both the parties at a sum of

Rs.4,00,00,000/- (Rupees Four Crore only), which has

been received by the first party from the second party as the

full and final sale consideration amount vide a separate

Receipt

2. That the first party has handed over the actual, peaceful,

vacant physical possession of the above said property to the

second party

3. That the first party has also handed over all the previous

original document and papers relating to the said property to

the second party.

4. That any previous dues i.e. house tax, electric and water bill

or any etc. regarding the said property upto the date of

execution of this agreement shall be paid and borne by the


Itv
first party and thereafter the same shall be paid, and borne

by the second party to all the concerned authorities.

5. That the first party has assured to the second party that the

said property is free from all sorts of encumbrances such as

prior mortgage, sale, gift, decree, litigation, acquisition,

notification for acquirement etc. and there is no defect in the

title of the first party and if proved otherwise, the first party

shall be liable to indemnify in full to the extent of the loss thus

sustained by the second party.

6. That after execution of this agreement, the first party shall

have no right, title or interest etc. in the above said property

and hereafter the second party became the owner of the said

property and the second party is fully entitled to use and

utilize, to give on rent, to construct, to renovate, to rebuild

and/or to sell/transfer the same to anyone in any manner

7. That the first party has neither entered into any sort of

agreement with any body else for the sale and/or transfer of

the said property nor the first party shall create any charge

on the said property after execution of this Agreement to sell.

8. That as and when permissible the first party either self or

through attorney (s) shall execute a proper sale deed (s)of

the above said property either in the name (s) of the second

party or its nominee(s), after obtaining the sale permission


\ts
from the office of the concerned authority and will get the

same registered with the office of the Sub-Registrar /


Registrar concerned or will get the above said property

transferred from the concerned office in favour .of the second

party. However, all the transfer charges, execution and

registration of sale/transfer deed will be paid and home by

the second party

9. That whenever and wherever presence of the first party will

be required for the completion of any Act, Deed and/or thing

regarding the transfer of the said property in favour of the

second party, the first party will present at the required place

and will do all acts, deeds and things required for the
purpose

10. That in case the first party violates the terms and conditions

of this Agreement to sell, the second party shall be fully


entitled, empowered to get the transaction enforced through

the Court of Law under Specific Performance Act, at the risk

cost and expenses of the first party.

lN WITNESS WHEREOF, both the parties have set their hands to

this Agreement to sell on the day, month and year first hereinabove

written in the presence of the following witnesses, who have also

signed in the presence of the parties.


lt Ad a :nil-.1--u

AIUVd CNOC]S Z

AIUVd l-SUll t

S]SSf N.l-IAA

?(t
)LV
fi-1n.rn^*-fl 2-7
AFFIDAVIT

AGM SUPER ESTATES PRIVATE LIMITED at GH-9/5, Pachlm

Vihar, New Delhi-110087, through its Director SHRI GULSHAN

KUMAR MEHTA SON OF LATE H.L, MEHTA, RESIDENT OF

5/191, GROUND FLOOR, SUNDER VIHAR, NEW DELHI-110087,

do hereby solemnly affirm and declare as under:-

1. That we have sold our BUILT-UP SECOND FLOOR

(wrTHouT RooF RTGHTS) OF FREE-HOLD PROPERTY

NUMBER 7, IN BLOCK, NUMBER C, BUILT UPON LAND

MEASURING 324 SQUARE METRES, SITUATED at VIKAS

PURI NEW DELHI-110018, CONSISTING OF FOUR

BEDROOM, FOUR TOILET-CUM.BATHROOM, ONE


DRAWING ROOM, ONE KITCHEN-CUM.DINING FRONT

BALCONY, to M/S PACL LIMITED, HAVING ITS


RES;ISTERED OFFICE AT 22, THIRD FLOOR, AMBER
TOWER, SANSAR CHAND ROAD, JAIPUR-302004,
THROUGH ITS AUTHORISED SIGNATORY SHRI ARUN

BHATI, VIDE RESOLUTION DATED vide

Agreement to Sell dated 5.11.2014

2. That we have also executed a General Power of Attorney,

WILL, Receipt, etc. in favour of the said purchaser regarding

the said property. We shall not cancel/revoke the said

documents under any circumstance. That we have also-

received full and final sale consideration against the said


Its
property from the said purchaser and we have also handed

over the vacant physical possession of the said property to

the said purchaser.

DEPONENT

\ VERIFICATION

Verified at New Delhi on this 05.11.2014 that the above contents

are true and correct to the best of our knowledge and belief and

nothing has been concealed therein.

DEPONENT

L\
>LL/L
bt v
lt
lt1
Ar, e-xlre ,- fi 3o
POSSESSION LETTER

We, AGM SUPER ESTATES PRIVATE LIMITED at GH-9/5,


Paschim Vihar, New Delhi-1 10087, through its Director SHRI

GULSHAN KUMAR MEHTA SON OF LATE H.L. MEHTA,


RESIDENT OF 5/191, GROUND FLOOR, SUNDER VIHAR, NEW

DELHI-1 10087, have handed over the actual vacant, physical


possession of our BUILT-UP SECOND FLOOR (WITHOUT ROOF

RTGHTS) OF FREE-HOLD PROPERTY NUMBER 7, rN BLOCK


NUMBER C, BUILT UPON LAND MEASURING 324 SQUARE

METERS SITUATED AT VIKAS PURI, NEW DELID-110018,

CONSISTING OF FOUR BEDROOM, FOUR TOILET-CUM-


BATHROOM, ONE DRAWING ROOM, ONE KITCHEN-CUM-

DINING, FRONT BALCONY, TO M/S PACL LIMITED HAVING ITS

REGISTERED OFFICE AT 22, THIRD FLOOR, AMBER TOWER,

SANSAR CHAND ROAD, JAIPUR-302004, THROUGH ITS

AUTHORISED SIGNATORY SHRI ARUN BHATI, VIDE


RESOLUTION DATED , on dated 5.11.2014.

Possession Taken Over By Possession Handed Over By

WITNESSES

2
\
06 (eP y,

i-:
ll.
hnn*, {e :-fi q
WILL

This WILL is made and executed at New Delhi on this


, by AGM SUPER ESTATES PRIVATE LIMITED at

GH-9/5, Pachim Vihar, New Delhi-1 10087, through its Director

SHRI GULSHAN KUMAR MEHTA SON OF LATE H.L. MEHTA,

RESIDENT OF 5/191, GROUND FLOOR, SUNDER VIHAR, NEW

DELHI-1 10087 (hereinafter called the Testator).

IN FAVOUR OF

lM/s PACL lndia Limited, having its registered Office at 22, 3'd

Floor, Amber Tower, Sanasar Chand Road, Jaipur-302004,


through its authorised signatory Shri Arun Bhati, Vide Resolution

dated (hereinafter called the Legatee).

Whereas the Testator is the true and lawful owner of BUILT-UP

SECOND FLOOR (WTTHOUT ROOF RTGHTS) OF FREE-HOLD

PROPERTY NUMBER 7, IN BLOCK NUMBER C, BUILT UPON

LAND MEASURING 324 SQUARE METRES, SITUATED AT


VIKAS PURI, NEW DELID-110018, CONSISTING OF FOUR

BEDROOM, FOUR TOILET-CUM-BATHROOM, ONE DRAWING

ROOM, ONE KITCHEN-CUM-DINING, FRONT BALCONY

(hereinafter called the Property).

I willing make this WILL that after my death the said property, shall

become the property of the aforesaid Legatee, who will be absolute

owner of the said property and shall get the same mutated,
a

substituted and transferred in own name, in the record of MCD,

Electricity Department, or any concerned authority, on the basic of

this WILL or its certified true copy.

ln case of the said legatee dies earlier than me, then the aforesaid

property shall go and devolve upon legatee's legal heirs and

SUCCCSSOTS.

l\4y other legal heirs, successors, or any other else shall have no

right, title or interest of any nature whatsoever the aforesaid

property and any objection, if raised regarding this WILL by them,

shall be deemed as null and void

I declare that this is my last and final WILL in respect of the


aforesaid property.

And I further declare that I have made this WILL Voluntarily,


wlthout any outside pressure, coercion of any nature whatsoever,

while in presence of my sound health and disposing mind

lN WITNESSES WHEREOF I have signed this WILL at New Delhi,

in the presence of the following Witnesses.

WITNESSES

1 TESTATOR

2. LEGATEE

*-fr<\)o GPY'
i?2
A" h eXtul )'c .-nP:-
RECEIPT

We, AGM SUPER ESTATES PRIVATE LIMITED at GH-9/5,


Paschim Vihar, New Delhi- 110087, through its Director SHRI

GULSHAN KUIVIAR IV]EHTA SON OF LATE H L. MEHTA,

RESIDENT OF 5/191, GROUND FLOOR, SUNDER VIHAR, NEW

DELID-1 10087 (hereinafter called the Executants), have received a

sum of Rs. 4,00,00 000i- (Rupees Four Crore only) from M/S PACL

LII\4ITED, HAVING ITS REGISTERED OFFICE AT 22, THIRD

FLOOR, AMBER TOWER, SANSAR CHAND ROAD, JAIPUR.

3O2OO4, THROUGH ITS AUTHORISED SIGNATORY SHRI ARUN

BHATI, VIDE RESOLUTION DATED as the full and

final Sale consideration of BUILTUP SECOND FLOOR (WITHOUT

ROOF RTGHTS) OF FREE-HOLD PROPERTY NUMBER 7, tN

BLOCK NUIVIBER C, BUILT UPON LAND MEASURING 324

SQUARE IVIETRES, SITUATED AT VIKAS PURI, NEW DEL.HI -

110018, CONSISTING OF FOUR BEDROOM, FOUR TOILET-

CUM-BATHROOM, ONE DRAWING ROOM, ONE KITCHEN-

CUM-DINING, FRONT BALCONY, as per terms and conditions of

Agreement to Sell on dated 5.1 1.2014 and the details of payments

are as under:-

a) Rs.50,00,000/- vide Cheque No.171390, daled 2010512011,

drawn on Punjab National Bank, New Delhi.

b) Rs.50,00,000A vide Cheque No.171391, dated 20.05.2011,

drawn on Punjab National Bank, New Delhi.


IN
c) Rs.50,00,000/- vide Cheque No.171392, dated 20.05.2011

drawn on Punjab National Bank, New Delhi.

d) Rs.50,00,0001 vide Cheque No.171393, dated 20.05.2011,

drawn on Punjab National Bank, New Delhi.

e) Rs.50,00,000/- vide Cheque No 171394, dated 20.05.201'1,

drawn on Punjab National Bank, New Delhi.

f) Rs.50,00,000/- vide Cheque No 171395, dated 20.05.2011,

drawn on Punjab National Bank, New Delhi

S) Rs.50,00,000/- vide Cheque No.171396, dated 20.05.2011,

drawn on Punjab National Bank, New Delh1.

h) Rs.50,00,000/- vide Cheque No.171397, dated 20.05.2011,

drawn on Punjab National Bank, New Delhi.

Hence, this receipt is made and executed at New Delhi on this

5.11.2014, in the presence of the following witnesses:-

WITNESSES:-

1. EXECUTANT

L1
-1-Rue CePv "
Flnrnrx-rrr'-A a
ITEM NO.1 COI'RT NO.2 SECTION XVII ls _)

SUPREM,E COURT OE INDIA


RECORD OF PROCEEDINGS
llq-
Civil Appeal No(s) .13301/2015

SUBRATA BHATTACHARYA Appellant (s )

VERSUS

SECURITIES & EXCHANGE BOARD OF INDIA Respondent(s)


(With app1n. (s) for exemption from filing c/c of the i-mpugned
judgment, permission to file additional documents and stay and
office report)
WITH

C.A.No.]-33]-9/20Ls
(With appln. (s) for permission to file additional documents, for
exemption from filing c/c of the impugned judgrrnent and ex-parte
stay and Office Report)
C.A.No.L3394/20Ls
(With app1n. (s) for ex-parte stay, impleadment, intervention, stay
and for permission to file additional documents and Office Report)

C.A.No. L34L0/20L5
(With appln. (s) for ex-parte stay and for exemption flom filing
c/c of the impugned judgment and Office Report)

!r.P. (c)No.s00/2015
(With app1n. (s) for directions and Office Report)
l1. C. (C) No.134/2015

r.P. (c)No.4sl2016
(With appIn. (s) for stay and Office Report)

r.P. (Cr].)No.... ..... /2076 (D.No.388/2016)


(wj.th appln. (s) for ex-parte stay and permission to file T.P.
and Office Report)

T. P. (Cr]- ) No /2015 (D.No.398/20L61


(with app1n. (s) for pernission to file T.P. and stay and
Office Report)

**G* ( c)No.4612016
8:tfS{36.rh app1n. (s) for stay and Office Report)
Date : 02/02/2016 These matters were calfed on for hearing today.

'11 c

1
CORAM
HONIBLE MR. JUSTICE ANIL R. DAVE
\A5
HONIBLE MR. JUSTICE ADARSH KI'MAR GOEL

For Appellant (s) Mr AniL B. Divan, Sr. Adv.


M! Amit Panan,Adv.
Mr Abhishek Amritanshu,Adv.
Mr Suryodaya Prakash Tiwari , Adv.

In C.A. L3394/15 Mr. Kapil Sibal,Sr,Adv.


Mr. Mahesh Agarwal,Adv.
M!. Sarnir Rohatgi,Adv.
Ms. Radhika Gautam,Adv.
Mr. Paras Anand,Adv.
For Mr. E. C. Agrawala,Adv.

In c.A. 13140/15 Mr. C.A, Sundran, Sr, Adv,


Mr. Mahesh Agarwal ,Adv.
!,t1 . grrni s Rohatgi I Adv .
Ms. Radhika Gautarn,Adv.
Mr. Paras Anand,Adv.
For Mr. E. C. Agrawala,Adv.

In r. c. (c) Dr. A.M. Singhvi, Sr.Adv.


No. 134/15 M!. Mahesh Agarwal ,Adv.
Mr. Samir Rohatgi,Adv.
Ms. Radhika Gautam,Adv.
Mr. Palas Anand,Adv.
For M!. E.C.. Agrawala,Adv.

Mr. P. B. Suresh, Sr.Adv.


Mr. C. P. Chandrasekharan , Adv .

Mr. Vipin Nair,Adv.


Mr. Vinod Nair,Adv.
Mr. Rahul Srivastava,Adv.
Eor M/s. Tenple Law Firm,Advs.

For Respondent (s) Mr. Arvind P. Datar, Sr. Adv.


SEBI Mr. Pratap Venugopal,Adv.
Ms, Surekha Raraan, Adv .
Mr. Purushottan X. Jha, Adv.
Ms. Niharika,Adv,
For M/s . K. ,,7. John & Co . , Advs .

Mr Shashank Bajaaj ,Adv.


Mr Shakun S. Shukla,Adv.
Mr Prakash Kumar Singh,Adv.

--r'
t- C
Mr. La:<mi Narayan, Sr. Adv. )?.6
M!. Sarabjot Singh,Adv.
Mr. AIex Joseph,Adv.
For M/s. B.J. Law Offices,Advs.
Mr Prashant Bhushan,Adv.
M! Omanakuttan K.K. ,Adv.

Mr. Rajiv Ranjan Dwivedi,Adv.


Caveator/Cus tomer Mr. Anrit PaI singh Gambhir,Adv.
Assn. Mr. Shantanu Kumar,Adv.

Inve s tors Mr, Avadh Kaushik,Adv.


Ms. Deepika Raghav, Adv.

UPON hearing the counsel the Court made the following


ORDER
c.A.Nos.13301, 13319, 13394 r 13410 0f 2015. I'rp(c)
No.500/2015. r.C. (C)No.134/2015 :

1 Heard Mr. C.A, Sundaram, learned senior counsel

appearing for the appellant-Company, Mr. Anil B. Divan,

learned senior counsel appearing on behalf of the

Director of the Company and Mr. Arvind P. Datar, learned


senior counsel appearing on behalf of Securities &

Exchange Board of India (SEBI), on caveat.


2. Upon hearing the Learned counsel and looking at the
peculiar facts of the casef in the interest of the

investors, we think it proper to pass this order with


regard to interim aEangement, without going into the
legaliLy of the impugned judgment and without prejudice
to the submission which might be made by the counsel at
the time of further hearing of these matters and we
direct that Lhe appellant-Company sha11 not collect any

-'T- C_
t\
further of the investors.
3
amount from any

The SEBI sha11 constitute a Conunittee for disposing ar


of the land purchased by the Company so that the sale
proceeds can be paid to the investors, who have invested

their funds in the Company for purchase of the 1and.

Hon'b1e Mr. .lustice R.M. Lodha, the former Chief Juslice


of India, would be the Chairman of the said Committee.

It would be open to the Hon'ble Chairman of the Committee


to appoint such experts or other persons, as he might
think iL necessary, in consultation with the SEBI , so as
to enable the Committee to sell the land and pay to the

investors in a manner that might be decided by the said


Committee.

4. A Nodal officer shall be appointed, who shall. be


in-charge of the funds so collected and shall have a

liaison with the Comroittee and shal1 also work as a

Secretary to the said Committee.

5 The Corurittee shall collect relevant record,

including Title Deeds from the Central Bureau of


Investigation (CBI), if the CBI is in possession of any

of the documents. Copies of the Title Deeds shall aLso

be given to the Company so that the Company can also


assist the Comnittee in the process of sale of lhe land.
6. The CBI is directed to hand over the documents,
after retaining their copies, which might be required by

the SEBI , so as to enabl.e the Committee to seI1 the land.

-T-
The CBI will be entitled to use the photocopies of the

Tit1e Deeds, which will be handed over to it for Court \18


proceedings.

7. The methodology with regard to recovery of amount

by sale of the land and disbursement of the amount to the


investors shall be overseen by the Mernbers of the
Committee.

8. Remuneration to be paid to the Chairman sha1l be

determined by the Hon'bIe Chalrman himseLf after


considering the quantun of work to be done by the
Committee.

9. The work with regard to disposal of the land and


disbursement of the proceeds to the investors be

comple ted as soon as possible and preferably within six


months from today.

10. The Registry is directed to forward copies of this


order to Hon'ble Mr. ,Justice R.M, Lodha, the SEBI and the
CBI . The Company and its Directors shaLl extend their
cooperation to the Cornrnittee so that the Committee can

function effectively to complete the work as soon as

possible.

11. It would be open to the Hon'ble Chaj.rman to make

modification in the afore-stated arrangement and he is


empowered to do whatever he thinks plope! for disposal of
the land and disbursement of the proceeds to the

investors.

-T. c
12. The amount, which is lying in the bank accounts of
the Company and other cash belonging to the Company sha11
tej
be refeased in favour of SEBI so that it can be used

either for disbursement in favour of the investors or for


incurring necessary expenditure. If any amount has been
deposited by the Company or by its Dilectols or by any
other person on behalf of the Company in any Court, the
same shal1 be released in favour of the SEBI , who sha1I
have a sepalate account so as to deal with the same. The

Committee shall also decide as to whether the staff of


the Company should be continued or relieved.

13. The decision with legard to sale of property of


the Company by the Comnittee shall not be interfered with
by any Court,.
14. List the matters on 2nd AugusL, 201-6 as Part-heard,
so as to know the progress.

r.P. (C) Nos.4512016

Heard the learned counsel .

The transfer petition is allowed. Writ Petition


(C)No.L2342/ 2015 titled as curmeet Singh vs. Securities
and Exchange Board of India is directed to be transferred
from the ltigh Court of Delhi at New Delhi to this Court

and shal1 be heard along with Civil Appea1 No.13301/2015

and other connected matters on 2'd August, 2016.

-TC
T.P. (C) Nos.46l2016
|,o
Heard the learned counsel .
l,
The transfer petition is allowed. lfrit Petition
(c)No. 12341/2015 titled as Subrata Bhattachalva Vs.

Securities and Exchanse Board of India is directed to be

transferred from the High Court of Delhi at New Delhi to


this Court and shall be heard along with Civil Appeal

No.13301/2015 and other connected mattels on 2"d August,

2016.

TP(CrI. )No. . . . . /2016 (D.No.388/2016)

Permission to file transfer petition is granted.

Heard the learned counsel .

The transfer petition is aI1owed. Writ Petition


(Crl .)No.1078/2014 titled as Gurmeet Sinqh Vs. C.B.I. is
directed !o be transferred from the High Court of Delhi
at New Delhi to this Court and shaI1 be heard along with
Civil Appeal No.13301/2015 and other connected mattels on

2"d August, 2016.

TP(CrI.)Nos......../2016 (D.No.398/2015) :

Permission to file transfer petitions is granted.

Heard the learned counsel .

The transfer petitions are a1lowed. writ Petition


(Crl .)Nos.705 and 1076 of 20L4, both titled as PACL Ltd.

-1 , C
vs. c.B.I. are directed to be transferred from the High
Court of Delhi at New Delhi to this Court and shall be
ljl
heard along with Civil Appeal No.13301,/2015 and other
connected matters on 2d August , 20L6.

(Sarit,a Purohit) (Sneh BaIa Mehra)


Court Master Assistant Registrar

-r, a

l
( ,*z_
t\" neVUfe ,.-4 34-

AUCTION OF PACL PROPERTIES

SEARCH DOCUMENT

Mr. Number SR No. Seizure wise

Sale Deed Number Details of Buyer as per Sale Deed


I
Details of Seller Date of Purchase

Amount Area

State: Delhi District : Delhi

Tehsil Village

Survey Number Mode cash/cheque

MR No. Details of Details of Seller Area State District Tehsil Village SY No. Remarks View
Buyer Khasra No. Documents

7773-16 PACL lndia PGF Ltd., rlo. 0.00459 oettri


1 I
oefri I
Paschim Bhanot Space No. N/A View

{
lgs
Ltd., r/o. 22,3'd Second Floor, (200.0 Vihar Trade 319, Third
Floor, Amber Vaishali Building, Sq. Ft.) Centre, Floor (200.0)
Tower, Sansar Paschim Vihar, Commercial Sq. Ft.
Chand Road, New Delhi Complex
Jaipur-302004 Authorised person Plot No.2 &
Authorised Vinay Kumar ?

person Kamla
Vir Tyagi
7745-16 PACL lndia tVlanisha tvlalhotra, 0.085 Delhi Delhi Paschim Etlock No.B- Plot No.5 N/A View
Ltd., r/o. 22,3'd w/o. Ashok (410.90 Vihar 1, Third (410.0) Sq.
Floor, Amber Malhotra & oth. Sq. Yd.) Floor Yd.
Tower, Sansar rlo. B 1/5,
Chand Road, Paschim Vihar,
Jaipur-302004 New Delhi, GPA
Authorised Holder Pramod
perso n ltlalhotra, s/o.

4
lg+
Chander R.D. lvlalhotra
Bhushan
Dhillon, s/o.
Kasturi Lal
Dhillon, rlo. F-
18157, Sector
No.8, Rohini,
Delhi-85
7781-16 PACL lndia Lalit Kapoor, s/o. o.o1421 Delhi Delhi Barakhamba 6'n Floor, Property N/A View
Ltd., r/o. 22,3'd Lt. L.C. Kapoor & (61e.0 Road Gopal Das No.14
Floor, Amber oth., rlo. C-2, Sq. Ft.) Bhawan (61e.0) Sq.
Tower, Sansar Bhagwan Das Ft.
Chand Road, Nagar, East
Jaipur-302004 Punjabi Bagh,
Authorised New Delhi-26 Spa
person Holder Lalit

,(
ljs
Jaspreet Kapoor, s/o. Lt.

Singh, s/o L.C. Kapoor


Sukhbir Singh
7753-16 PACL lndia Ashish Sarna, s/o. 0.008 Delhi Delhi Gopal Das Office No Plot No. 28 N/A View
Ltd., r/o. 22, g'd A.L. Sharna, r/o. (3s0 Bhawan 712 (350 Sq. Ft.)
Floor, Amber B-4l39, Sq. Ft.)
Tower, Sansar Safdarjung
Chand Road, Enclave, New
Jaipur-302004 Delhi
Authorised
person
Gurmeet
Singh, s/o. S.

Kulwant Singh,
rlo. 49,
I

Eklabya

(
Iga

Apartments,
Sector-13,
Rohini, Delhi
24958-16 lnfrastructure & Amit Kumar 300 Sq. Delhi Delhi Saraswati Basai c28, C29 982074 View
Projects Pvt. Khana Yd. Garden, Darapur
Ltd. Delhi
7782-16 PACL lndia Lalit Kapoor, s/o. 0.00689 Delhi Delhi Barakhamba 6tn Floor, Property N/A View
Ltd., r/o. 22,3'd Lt. L.C. Kapoor, (300.0 Road Gopal Das No.13
Floor, Amber rlo. C-2, Bhagwan Sq. Ft.) Bhawan 9300.0) Sq
Tower, Sansar Das Nagar, East Ft.

Chand Road, Punjabi Bagh,


Jaipur-302004 New Delhi-26
Authorised
person
Jaspreet'
Singh, s/o.

{
l<+
Sukhbir Singh
7754-16 PACL lndia Ashish Sarna, s/o. 0.0168 Delhi Delhi Gopal Das OiTice Plot No.28 N/A View
Ltd., r/o. 22,3'd A.L. Sharna, r/o. (731 Bhawan No.714 (731 Sq. Ft.)
Floor, Amber 8,-4139, Sq. Ft.)
Tower, Sansar Safdarjung
Chand Road, Enclave, New
Jaipur-302004 Delhi
Authorised
person
Gurmeet
Singh, s/o. S.
Kulwant Singh,
rlo. 49,
Eklabya
Apartments,
Sector 13,

(
lss

Rohini, Delhi
25006-16 M/s. Swiss Jugal & other 9 Delhi Delhi Najafgarh Jharoda K 56/H 4(4- N/A View
Town Bighas Kalan 4), K
Developers 311/320 & K
Pvt. Ltd. s6/20 (4-16)
I &K312t321
425-16 PACL lndia AGM Super 0.080 Delhi Delhi Janakpuri Vikas Puri Second N/A View
Ltd., r/o. 22,3'd Estates Pvt. Ltd., (324 Floor, Plot
Floor, Amber rlo. GH-9/5, Sq. No.7, Block
Tower, Sansar Pashchim Vihar, Metre) No.C (324
Chand Road, New Delhi-1 1O Sq. Metre)
Jaipur-302004 087, Authorised
Authorised Person Gulshan
person Arun Kumar Mehta, s/o.
Bhati H.L. Mehta, rlo.
51191 , Ground

I
lzq

Floor, Sunder
Vihar, New Delhi-
1 10087
32931-16 Saj Realtors G.B. Agro Expo P. 5.927 Delhi Delhi Punjabi Hiran Kudna 542, 545, N/A View
Pvt. Ltd., rlo. Ltd., rlo. Punjabi (28 BAgh 552, 540,
Sector-13, Bagh, New Delhi, bigha 541,546
rohini, Delhi Authorised Person 09
Authorised Pawan Kumar biswa)
Person Sushil Garg
Kulmar Gupta

r
\/
41Ruu cpf,Y
140
\\l.;XU'€-.'fr 3S
AGM SUPER ESTATES PRIVATE LIMITED

3.3.2017

Sh. Rakesh Singh (NodalOfficer)


Justice (Retd.) R.lV. Lodha Committee,
The Ashoka Hotel,
50-B, Annexe Building (Oudh Corridor)
Chankya Puri,
New Delhi-1 10 021

ln ref.: SEBI Versus PACL Limited & Ors

Subject: Auction of property being Plot No.28, Sector ',l0, Dwarka,

New Delhi

Sir,

1. That M/s. AGM Super Estates (P) Ltd. is a company registered

under the Companies Act, 1956 and has its registered office at

GH-9/5, Paschim Vihar, New Delhi-110 087 (Applicant). lt is

the bonafide registered owner of property being Plot No.28,

Sector 10, Dwarka, New Delhi admeasuring 325 sq. Yards

(hereinafter referred to as "subject property"). The property

WAS purchased by the Applicant from one Sh. tvlukesh Goel

vide registered sale deed dated 9.9.2009 for a total sale

consideration of Rs.85,00,000/-. True copy of registered sale

deed dated 9.9.2009 is annexed as Annexure A1

2. That the Applicant Company has recently learnt that the subject

property, has been included in a list shown on the website of

www.auctionpacl.com for sale as [\/R No.5093-15 with details of

seller being described as PGF Ltd., r/o. SCO 1042-43, Sector


4
22B, Chandigarh and details of buyer being PACL lndia Lld.22,

3'd Floor, Amber Tower, Sansar Chand Road, Jaipur.

3. That upon coming to know of this information, the Applicant

accessed the website of www.auctionpacl.com and found out

that the reason for the subject property being put up on sale is

on the basis of a purported Agreement to Sell dated 22.9.2001

which was allegedly executed between PGFL and PACL. A

true copy of the Agreement to Sell dated 22.9.2001 is annexed

as Annexure A2

4. On further probing the website, no other document or material

was found available, except the agreement to Sell. lt is obvious

that the Agreement to Sell did not fructify into a sale of the

subject property.

5. The Applicant is the lawful and registered owner of the subject

property as per law, and the title and ownership is evidenced in

the following manner :

i. That it is submitted that the subject property was initially

allotted by DDA to Sh. Jaggi, s/o. Sh. Yad Ram and Smt

Khazani, w/o. Sh. Jaggi in the year 1996 vide perpetual

Lease Deed dated 25.6.1996 and other documents.

True copy of perpetual lease deed dated 25.6.19g6 and

other connecting documents is annexed as Annexure

,A3(Colly).
l+L

ll. The original allottees i.e. Sh. Jaggi, s/o. Sh. Yad Ram

and Smt. Khazani Wo. Sh. Jaggi, sold the said property

by way of a notarised Agreement to Sell, GPA/Will dated

3.7.1996, to M/s. PGFL through its Vice-President Sh.

B.K. Kalia s/o. Late Sh. Ram Sarup. True copy of

Agreement to Sell, GPA/Will dated 3.7.1996 are annexed

as Annexure 44

t. That thereafter, PGFL (through Sh. B.K. Kalia) sold the

subject property to Sh. N.S. Bhangoo S/o. Late Sh,


Gurdayal Singh vide notarised Agreement to Sell, GPA

dated 12.3.1997. True copy of Agreement to Sell, GPA

dated 12.3.1997 is annexed as Annexure A5(colly).

iv. That Sh. N.S. Bhangoo, s/o. Late Sh. Gurdayal Singh,

later on, sold the subject property to one Sh. Mukesh

Goel, S/o. Sh. J.P. Goel vide registered Agreement to

Sell, GPAMill dated 19.6.2008. true copy of registered

Agreement to Sell and notarised SPAAIV|ll dated


19.6.2008 is annexed as Annexure A6(colly).

That thereafter, the construction on the subject property

was carried on by Sh. Mukesh Goel after obtaining


sanctioned plans from DDA on 6.11.2008, DDA granted

Occupancy Certificate. True copy of sanctioned plan of

the property is annexed as Annexure A7.


l+e
Sh. Mukesh Goel built a residential house on the subject

property. True copy of phonographs of residential unit is

annexed as Annexure A-8. True Copy of occupancy

certificate dated 6.11.2008 issued by DDA is annexed as

Annexure A-9.

v11. That Sh. Mukesh Goel thereafter based on the complete


chain of documents applied for conversion of land from

leasehold to freehold. The requisite fees for conversion to

freehold were deposited. True copy of application dated

23.2.2OO9 alongwith payment receipts etc. is Annexed as

Annexure A10(co11y)

v111. That pursuant to payment of necessary fees and deposit

of documents, DDA vide communication dated

19.3.2OO9, intimated Sh. Mukesh Goel the execution of

the Conveyance Deed. True Copy of Communication

dated 19.3.2009 is annexed as Annexure A11.

1X Consequently, a Conveyance Deed dated.26.3.2009 was

executed by the DDA in favour of Sh. Mukesh Goel S/o.

Sh. J.P. Goel being GPA holder of Sh. Jaggi, S/o. Sh. yad

Ram and Smt. Khazani w/o. Sh. Jaggi. True copy of

conveyance deed dated 26.3.2009 in favour of Sh.

Mukesh Goel is annexed as Annexure A12.


l++
X That subsequently, in the year 2009, Sh. Mukesh Goel

sold the subject property to the Applicant Company vide a

registered Sale Deed dated 9.9.2009 for a total sale


consideration of Rs.85,00,000/-. True copy of registered

sale deed dated 9.9.2009 is already annexed as

Annexure 41 . True copy of Statement of Account of

AGM Super Estates (P) Ltd. showing payment of sale

consideration vide proper banking channels is annexed

as Annexure 413.

xl. That since 2009, the Applicant Company is in sole and

exclusive possession of the subject property and is being

used for the residence of its officers. The Applicant

Company has regularly been paying Property Tax qua

the said property. True copy of relevant property

receipts is being annexed as Annexure A14

x . That the Applicant Company applied for mutation of the

subject property in its name of SDMC vide application

dated 13.6.120'13. The property was mutated in the

name of the Applicant Company through

acknowledgement dated 17.7.2013. True copy of

Mutation letter dated 17.7.2013 is annexed as Annexure

415.
\+{
6. That the Applicant is in possession of the original documents

marked and annexed to this application which will be kept

available for perusal and inspection by this Hon'ble Committee.

7. That in view of aforesaid, the Applicant AGM Super estates is

the actual owner and in possession of the subject property and

the enlistment of the subject property claiming it to be belonging

either to PGF, or PACL is wholly illegal.

8. lt is submitted that the Agreement to Sell daled 22.9.2001


purportedly executed by M/s. PGF Ltd. (PGFL) in favour of M/s

PACL lndia Ltd. is wholly illegal, as 7 (seven) years prior to

that, in the year'1997, the property had been sold to Sh. N.S.

Bhangoo vide Agreement to Sell and other recognised


documents, who in turn, vide a registered Agreement to Sell

and other accompanying documentation, sold it to one Sh.

Mukesh Goel on 19.6.2008, who then subsequently sold the

said property to the Applicant Company vide registered sale

deed on 9.9.2009.

9. That Applicant is in possession of registered title documents, as

recognised by law, as well as required under law, in its favour.

It is submitted that the property cannot be put up for auction on

the basis of an alleged unregistered Agreement to Sell, which

did not culminate into a sale with registered conveyance and

possessro n.
'10 That it is therefore, most respectfully prayed that this Hon'ble

Committee may kindly be pleased to de-list property bearing

plot No.28, Sector 10, Dwarka, New Delhifrom list of properties

sought to be put up for auction.

11. That it is certified that the Applicant Company is neither an

associate company or a subsidiary of PGFL or PACL or any

investment has ever been made by PGFL or PACL in the

Application Company.

Thanking you,

Yours truly

sd/-
AGM Super Estates (P) Ltd.

t-

RUT GP/
\a+
n e/rare J 6

ITEM NO.6 COURT NO.6 SECTION XVI I


SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

Civil Appeal No. 13301/2 015

SUBRATA BHATTACHARYA Appellant (s)


VERSUS

SECURITIES AND EXCHANGE BOARD OE INDIA Respondent (s)

(With appln(s) for appropriate orders /directions , permission to


file applicat.ion for direction, for exemption from filing c/c of
the impugned judgment, for stay, permission to file annexures, for
intervention, for direction, for impleadment, for modification of
court's order, clarification/direction, permission to file
additional documents )
IIITH

vf.P. (c) No. 640,/2016 (x)


(With appln(s) for clarification/direction and for permission to
file application for direction)
w.P. (c) No. 613/2016 (x)
T.C. C) No. 3l/2016 (xvr -A)
T.C. CrI ) No. 1,/2016 (XvI -A)
T. C. Crl . ) No. 2/20t6 (xvl -A)
T. C. Cr1 . ) No. 3,/2016 (xvl -A)
c) No. 30/2016 (xvl -A)
w. P. (c) No. 500,/2015 (x)
(with rA L/2oL5)
C.A. No. 13319/2015 (xvII)
(With appln(s) for exemption from filing c/c of the impugned
judgment, for ex-parte stay and for permission to file annexures)
c.A. No. 13394/2015 (xvIl)
(With appln(s) for permission to file annexures, for intervention,
stay, impleadment and direction)
C.A. No . 13410,/2015 (xvl I )
(With appln(s) for exemption from filing c/c of the impugned
judgment and for ex-parte stay)

r.C. (c) No. 134/201s (xvl -A)


15-11-2017 These matters were called on for hearing today.
Be,""fil,
tlljggRAM
HON'BLE MR. .TUSTICE A.K. SIKRI
HON'BLE MR. WSTICE ASHOK BHUSI{AN
4b

c.A. No. 13301/2015 etc.

For parties
Mr R. S. Suri. Sr. Adv.
MS Pallavi Tayal Chadda. Adv-
Mr varun Khanna, Adv.
Mr L. S. Hasan, Adv.
Mr Avinash Kuma!, Adv.
Mr Ashutosh Dubey, Adv.
M! Abhishek Chauhan, Adv.
Mr Arun Nagar, Adv,
Mr Satish vig, AOR

Mr Rajesh P., AoR

Mr c. P. Chandrasekharan, Adv
Mr Somiran Sharma, AOR

Mr E. C. Aglawala, AoR
Mr. Arvind P. Datar, Sr. Adv
Mr. Pratap Venugopal , Adv.
Ms. Surekha Ra:nan, Adv.
Mr. Anuj Sarma, Adv.
Ms. Niharika, Adv.
Ms. Kanika Kalaiyalasan, Adv
M/S. K ,, ,John And Co, AOR
Mr Sudarshan Singh Rawat, AOR

Mr Prakash Kumar Singh. AOR

Ms Anuradha Mutatka!, AOR

MS Kamakshi S. Mehlwal , AOR

Mr. P. S, Patwalia. S!. Adv.


Mr. Amit Kuma!, AOR
Mr. Avijit M. tripathi, Adv.
Mr. D. K. Singhal , Adv.
Ms. Amritakameshwar Srivastava, Adv.
Mr Maninder Singh, ASG.
Mr R. Balasubramanium, Adv.
Ms Ranjana Narayan, Adv.
Mr Mukesh Kumar Maroria, AOR

Ms. Prerna Kumari, Adv.


Mr. Plabhas Bajaj , Adv.
Mr, Akshay Amritanshu, Adv.
Ms, Aarti Sharma. Adv.
Mrs . Anil Katiya!, AOR

2
4q

C.A. No. 13301/2015 etc.

Mr. Vinod Sharma, AOR

Mr Suren Uppal , Adv.


M! Aviral Kashyap, AOR
Mr Amit Kumar Singh, Adv
Mr Sumit Bansal , Adv.
Mr Gagan Gupta, AOR
Ms Richa Oberoi, Adv.
Mr Hetu Arora Sethi. AOR

Ms Shalu Sharma, AOR

Mr Rameshwar Prasad GoyaL, AOR

Dr Adish C. Aggarwala, Adv


Mr Ami sh Aggarwala, Adv.
M! Abhinav Singh, Adv.
M! Sharad Goyal, Adv.
Mr Aditya Singh, AOR
Mr. Shantanu Kunar, AOR

Mr. Rajiv Ranjan Dwivedi, AOR

Bj Law Offices, AOR

Mr T. Sudhakar, Adv.
Mr Prashant Bhushan. AOR

Mr Anjani Kumar Mishra, AOR


Ms Hardeep Kaur, Adv.

Mr Vikramjit Banerjee, Sr. Adv


Mr P. S. Sudheer, AOR
Mr Rishi Maheshrdari, Adv.
Mr Bharat Sood, Adv.
Ms Shruti ,.Tose , Adv .
Ms Subhoshree SiI, Adv.
Mr Avinash Das, Adv.
Mr Ayush Anand, Adv.
Mr Kailash vasdev, Sr. Adv
Mr Hrishikesh Baruah, AOR
Mr Siddhant Kaushik, Adv.
Ms Radhika Gupta, Adv.

3
lso

C.A. No. 1330L/2015 etc.

UP9N hearing the counsel the Court made the fol Iowing
ORD ER
Since a committee headed by Shri R.S. Virk, District
,rudge (Retd. ) has been constituted, in the first instance,
a1I the grievances of these applicants sha1l be heard by the
said commit.tee and take a view on all these matters. Let
all these applicants put up their cases before the
Comrnittee.
M!. Pratap Venugopal , Learned counsel , informs that
the appointment of Shri R.S. Virk, District ,Judge (Retd.)
shall be notified to all the appLicants. It is also
informed that a suitable accorunodation is being arranged in
Delhi at a convenient place in order to enable these
applicants to appear before him. It is further stated that
the Committee would be in a position to start functioning
within one month from today.
lle impress upon Mr. virk to take up all these matters
on an urgent basis and submit his report within a period of
four months. However, interim report shaIl be submitted
within two months .

I.A. No. 22042 / 20t1


This application is filed by one Mr. Bafkaran Singh
Bhullar wherein he has stated that he may be permitted to
act in aid of the agreement dated 19.02.2015 and discharge
his part of the terms and conditions of the said contract.
fn essence, the applicant had offered to assist the
conmittee. Ilowever, we are informed by Mr. Venugopal,
learned counseJ-, that the applicant has since expired in
October, 2OL7 , and, therefore, this application has become
infructuous. Thus, the application stands disposed of as
having become infructuous.

4
ls
c.A. No. 13301/2015 etc.

LA. No. 36786/20!7 I.A. No . 36792/2017


Some applications are filed by certain applicants
wlrerein it is, inter alia, prayed that PACL be not auetioned
during the pendency of the 1is. Mr. Venugopal makes a
statement at the Bar that at present, there is no auction of
the properties where objections have been received. This
submission, according to us, takes care of the aforesaid
praye! made by the applicants and the interlocutory
applications are disposed of.

I .A. No. 36785/2011 , I .A No. 1L8905/2017. I .A. No.


35788 20L1 I A. No. 7 9970 / 20 1 I A No- 117 os3 / 20 17 I A
No. I18 9 05/2 017
The applications for impleadment are allowed.

LA. No.64555/2Ot7 in I.A. No- 2O/20L6


Issue notice to Greater Moha1i Area Development
Authority and Punjab Urban Development, Authority, returnable
in three weeks.

I.A. No. 75351/2017


Mr. Aggravral , learned counsef appearing fo! the PACL,
seeks two weeks' time to seek instructions as to whether the
premises which are 1et out by the applicant to PACL are
required by the PACL and whether it is possible to vacate
and give back the possession thereof to the applicant.
The application stands adjourned for two weeks.

r.A. No. 1L7057 /201,1


As prayed for, reply be filed within two weeks.

I.A. No. 1L8909/20]-7 and I.A. No. 35762/20L7


venugopal, learned counsel , submits that pulsuant
Mr.
to orders dated 04.08.2017, the Conmittee is setting up the

5
l<z
l-/

c.A. No. 13301/2015 etc.

mechanism for consideration of all proposals and it would be


notified' in December , 2071 . It is furttrer submitted that all
these proposals shall be considered according to the said
mechanism. In vielr thereof, no further orders are required
to be passed in these applications which are disposed of.

I.A. No. f01462 I A. No. 702572


Issue notice.
Mr. Venugopal accepts notice and says that he will
file the reply within two weeks.
List the applications after three weeks.

List these matters on 07.12.2077 before an appropriate


Bench .

(NIDHI AITU.IA) (SNEII LATA SHARMA)


COURT MASTER COURT MASTER

-TKo e c,f Y
lr)
l)n^*ro,frfsr
Before Shri R.S. Virk, District Judge (RETD.) appointed to hear

objections/representations in the matter of PACL Ltd. as referred to

in the order dated 15/1 112017, of the Hon'ble Supreme Court

passed in civil appeal no. 13301/2015 titled Subrata Bhattacharya

vs SEBI.

File No. 330

Objections by AGM Super Estates Private Limited Against

Attachment

Present Shri Amarjit Singh Bedi & Gaganpreet Sandhu Advocates

for the objector

Order-

1. The objector above described is seeking delisting of property

measuring 325.54 sq. mtr bearing plot no. 28, Sec -10,

Dwarka, and New Delhi from the list of properties attached by

the committee chaired by Hon'ble Mr. Justice R.M. Lodha,

former Chief Justice of lndia, constituted as such by Hon'ble

Supreme Court vide order dated 02.02.2016 in the case

arising out of Civil Appeal No. '13301/2015 bearing the title

Subrata Bhattacharya vs SEBI, with other connected cases.

2. The objector contends that the above described property was

initially allotted vide letter no. F.27(56)92LSB(R)940 dated

12.01 .1996 by DDA to one Jaggi S/o Shri Yad Ram. The said

documents exist at page 22-25 of the objection petition. DDA


5+
had also statedly issued possession letter dated 30.04.1996

to the above named Jaggi (copy whereof exists at page 26 of

file). DDA had also subsequently executed perpetual lease

deed dated 07.06.1996 in favour above named of Jaggi and

his wife Smt. Khazani (copy whereof exists at page 3142, ot

the objection file).

3. Subsequent thereto the above name Jaggi and Khazani

executed GPA as well as agreement to sell, SPA and Will, all

dated 03.07.'1996, besides executing a receipt in the sum of

Rs. '1 '1 Lakhs, also dated 03.07.1996 in favour of Pearls


Green Forest Ltd. through its Vice President B.K. Kalia (as

per documents existing at pages 43-57).

4. The above named PGF on its part then executed GPA, SPA,

Agreement to Sell, lndemnity Bond, Will, Affidavit,

Possession Letter and receipt in the sum of Rs. 15 Lakhs, all

dated 12.03.1997, as existing on pages 58-79 in favour one

Nirmal Singh Bhangoo.

5. The above named Nirmal Singh Bhangoo on his part then

executed a registered Agreement to Sell, SPA, GPA, Will,


-
Affidavit and Possession Letter and also receipt in the sum of

Rs. 7'1 Lakhs in favour of one Mr. Mukesh Goel, photocopies

whereofexist at pages 80-127.

')
lss

6. The above named Mukesh Goel through Jaggi applied to

DDA for grant of sanction for construction vide letter dated

02.04.2008 and after completion, submitted building plan as

also construction photographs pursuant where to DDA

granted occupancy certificate dated 06.11.2008. Copies of

above referred documents exist at pages 128-139.

7. The above named Mukesh Gael then submitted documents

such as treasury slip for transfer, challan, receipt of freehold

conversion as per documents existing at pages (140-143) on

the basis whereof DDA issued letter dated 19.03.2009 (page

144) for execution of conveyance deed in favour of Mukesh

Gael and pursuant thereto Jaggi above named through DDA

executed conveyance deed dated 26.03.2009 in favour of

Mukesh Gael (copies of the above referred documents are at

pages 145-150)

8. Thereafter, abovenamed Mukesh Gael executed registered

sale deed 08.09.2009 (pages 7 to 16) for an amount of Rs

85 Lakhs in favour of the objector viz. AGM Estates as

corroborated by proof of payment, property tax receipts

alongwith proof of payment through cheque (pages 151 to

155) and pursuant thereto mutation in favour of the objector

was entered on 17.07.2013 vide letter bearing no

Taxs/Mut.iDy.A&c/NGZ/20 1 31 17 53 (page 1 56)


l5 b

9. The Ld. Counsel for the objector have contended that the

only document leading to attachment of the above described

property and its proposed auction is an Agreement of sale

dated 22.09.2001 executed by above described M/s PGF

Ltd. ln favour of M/s PACL lndia Ltd. represented therein by


I

anoj Kumar, Manager but the said agreement of sale is a

redundant document in as much as M/s PGF Ltd. had prior

thereto, executed GPA, SPA, ATS, lndemnity Bond, Will,

Affidavit and possession letter, besides a receipt in the sum

of Rs. 15 lakhs, all dated 12.03.1997, through its Vice

President Shri B.K. Kalla in favour of Nirmal Singh Bhangoo

"in his individual capacity" and therefore the subsequent

agreement of sale daled 22.09.2001 executed by M/s PGF

Itd. in favour of M/s PACL Ltd. is a nullity and did not confer

any right whatsoever in the latter.

'l 0. Further, it is argued that the objector has purchased the said

property vide registered sale deed and has complete chain of

documents in his favour and thus an unregistered agreement

of sale daled 221912001 executed by M/s PGF in favour of

Mis PACL lndia ltd. will not be of any consequence. lt is

further submitted that the DDA has executed conveyance

deed in favour of Mukesh Goel after going through the

veracity of the documents and with consent of Jaggi and

therefore the objector is a bonafide purchaser and should not


lsv
be penalised for any infraction/sham transaction by M/s pGF

or M/s PACL Ltd.

11. At first glance, the above referred averments/contentions and

the supporting arguments put forth sound impressive but do

not stand close scrutiny. ln this context, it may be firstly be

noticed that as per entry at Sr. No. 87 of the list maintained

y SEBI in respec t of files received from the AU

of lnvestigation which is looking into pan lndia operations of

PACL involving millions of investors who have been

defrauded, the said investigating agency had taken the

ongrn o s of the transfer of the property in question into

p ossession vide malkhana re gister (MR No. 425116). As per

the said entry, the sale price of this property is 4 crores, and

the transfer was affected vide the stamp No. lN-

DL28141 o 788049 9M, on the strength of GPA (STAMP

PAPER NO. lN-D1281401841052o5M) by AGM SUPER

ESTATES PW. LTD in favour of PACL dated 05/1112014

which aspect has been withheld by the objector herein. Thus

the objector is no longer the owner of this proPertY which now

vests with PACL and therefore has no locus standii to prefer

the objection petition in hand.

12 Moreover, it needs to be borne in mind that PACL Ltd


(previously called Pearls Agrotech Corporation Ltd ) was

registered on 13/02/1 996, with the registrar of companies,


158

Jaipur as per information available on the net. lt may also be

noticed that PGF was registered on 19/01/1983 with the

registrar of companies, Chandigarh. Though it is contended

that the scope of PACL Committee is confined to PACL

properties and not to PGF properties in the light of order

daled210212016 of the Hon'ble Supreme Court in civil appeal

No.13301/2015 bearing the title Subrata Bhattacharya

Versus Securities & Board of lndia, yet the fact cannot be lost

sight of that PACL and PGF(Pearls Green Forests) Ltd are

apparently sister concerns as would be evident from the fact

that Shri N.S. Bhangoo is one of the five Directors/Partners in

PGF Ltd. as per information available on the net and the

same Shri N.S. Bhangoo, was also chairman of PACL and is

vendee of the property in question viz. plot no.28, Sec -1 0,

Dwarka, New Delhi measuring 325.54sqm from M/5 PGF Ltd.

through its Vice President Shri B.K. Kalia on the strength of

documents dated 12103/1997, detailed in paras 4 & 8 above.

It needs to be mentioned at this stage that M/S PGF Ltd. is

also being investigated by the CBI as well as by Department

of lncome Tax in the light of order dated 1210312013 passed

by the Hon'ble Supreme court in civil appeal no' 6572 of

2004 bearlng the title M/S PGF Ltd. and others Versus Union

of lndia and another. Keeping in view the fact that PACL was

in corporated on 13/02/1996 wherein N'S' Bhangoo was the

chairman,itcannotbesaidatthisstagewithouttherebeing
151

any documentary evidence to show that the amount of Rs. 15

Lakhs paid by Shri N.S. Bhangoo to PGF for purchase of the

property in question was derived out of his personal funds

and not out of funds to the tune of several thousand crores

collected by him as a collective investment scheme (within

the meaning of section 1'1 AA of the Security and Exchange

Board of lndia Act, 1992) from millions of investors but

without obtaining the requisite permission from SEBI as

contemplated in the said Act and the Regulations framed

thereunder. lt may also be point t the PACL


1

had come into existence on 13102t1996 hereas the

a in question by Shri N.S. Bhangoo is dated

t 1210311997. \,

13. lt may also be borne in mind here that neither SEBI which

has issugd noticed to PACL nor the CBI which is

investigating the criminal case registered in the matter are


=--.-
parties to this petition for which reason there is no counter

material available with me to conclude that the purchase by

Shri N.S. Bhangoo of the property in question from M/5 P GF

Ltd. was Solely out of his own funds and not that of PACL

because in the latter event, the investors have a vested rig ht

in this property notwithstanding the execution of conveyance

deed by DDA in favour of Mr. Mukesh Gael


l6o

14. ln view of the foregoing discussion, the objection petition in

hand is held to be devoid of any merit and is accordingly

dismissed.

Dale:2211212017

sd/-
R.S. Virk
District Judge (RETD)

--TRo e Caly

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