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Pacl Decision PDF
Pacl Decision PDF
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.
Versus
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:-
BRIEF FACTS
(AT PAGES _ TO
-)
(ii) Subsequent, thereto vide General Power of Attorney'
To
-)
A copy of the Special Power of Attorney dated
03.07.1996 in favour of Pearls Green Forest Ltd. is
(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
(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
_)
(AT PAGES _ TO _)
A copy of the receipt on an amount of Rs.1 1 lakhs
(AT PAGES _ TO _)
A copy of the General Power Attorney dated
PAGES _ TO _)
A copy of the Affidavit dated 19.6.2008 is annexed
(AT PAGES _ TO _)
A copy of the receipt for the sum of Rs.71 Lakhs in
_)
Delhi-110 018.
(AT PAGES _ TO _)
It
_)
PAGES To _)
("i) On 3.3.2017, the Applicant herein has hled its
objection for auction of said property being included
herein under:
and the transfer was affected vide the stamp No. IN-
DL28141637880499M, on the strength of GPA (Stamp
Paper No. IN-DL284018a105205M) by Applicant 1n
PRAYER
pleased to:-
(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
Versus
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:-
matter and as such I am well acquainted with all the facts and
affidavit.
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.
,"M$+-
fi,,^uruo',- A lro
D<
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,
Sir/lVladam,
has been directed to hand over the possession of the said plot on
You may kindly sign the letter of undertaking to execute the lease
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
Rs.50/- per month by you and this penalty will increase with every
successive month upto six months after which the allotment will be
Yours faithfully
sd/-
Deputy Director (LA) Resdl.
Copy fonvarded to :
Delhi
sd/-
Deputy Director (LA) Resdl
\l-
Tu€- G?7"
2
c)o
d.c
nexuk:- Lfz
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. &
second part
Whereas the Lessee has applied to the Lessor, for the grant of a
described and the Lessor has on the faith of the statements and
and has agreed to demise the said plot to the Lessee in the
the Lessee, All that plot of land being the residential Plot No.28,
3
-?+
thereof for greater clearness has been delineated on the plan
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
such other place as may be notified by the Lessor for this purpose,
fifteenth day of July one thousand nine hundred and the rent
4
q-4
J>
Subject always to the exceptions, reservations, covenants
under the Residential plot, and full right and power at all
ir
times to do all acts and things which may be necessary or
Residential plot or for any building for the time being standing
(1) The Lessee shall pay within such time such additional
5
Qr
&t
(2) The Lessee shall pay upto the Lessor the yearly rent
hereinbefore appointed.
(3) The Lessee shall not deviate in any manner from the
3 (4) The Lessee shall, within a period of two year from the
6
1.r
oz 1-
other authority.
7
o()
aforesaid.
discretion.
parties concerned.
8
So
d.J
cou rt.
therefor
9
r^\
x
<J
Lessor
transfer or devolution.
(10) The Lessee shall from time to time and at all times pay
respect thereof
10
3t
recoverable in the same manner as arrears of land
revenue.
plot.
(14) The Lessee shall not without the written consent of the
11
Os
c/.,
may allow such change of use on such terms and
discretion determine.
with
after any of the days whereon the same shall have become
72
Co
.)>
in any such case, it shall be lawful for the Lessor,
notwithstanding the waiver of any previous cause or right or
the residential plot and the buildings and fixtures there upon
paid by him
13
3t-
and the Lessee fails within such reasonable time as may be
not at each such time exceed one half of the increase in the
T4
().-
5>
same right on the part of the Lessee of appeal from the
1887), or any amending Act, for the time being in force and
parties.
enlarge the time, from time to time, for making and publishing
the award.
15
c1 y'
3b
plot if, the same shall have been affixed to any building or
such person
16
3?
Lease
the order and direction of the Lessor has hereunto set his hand and
!7
33
THE SCHEDULE ABOVE REFERRED TO
All that plot of land being the Residential Plot No.28 in Block
August one thousand nine hundred and eighty six land measuring
:
South Plot No.27
And shown in the annexed plan and marked with its boundaries in
red.
ln the presence of :
I t ----r-
l1'qe- Cp ?'/ "
18
3e
fr01^.r,,0., uls
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
hereby appoint, nominate and constitute Sh. B.K, Kalia Son of Late
true and lawful General Attorney, to do all acts, deeds and things in
deems fit and proper, in any manner, in respect Plot Number 28,
Residential Scheme, New Delhi, with the lease hold rights of the
Delhi.
1. To pay the lease money and other dues regarding the above
manner
19
+.
departments concerned from lower to highest jurisdictions in
respect thereof
5. To apply and get all kinds of sale permission for the transfer
of land
thereof.
from the and other building materials and to get the same
connection and other services sin the said property from the
20
Ft
10. To apply and get the plan sanctioned from the concerned
14. To apply and get lncome Tax Clearance certificate 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
18. To convert the above mentioned plot from the lease hold
rights into free hold rights from the office of the lessor, to pay
lAlVe hereby ratify and confirm that all acts, deeds and things which
22
&g
WITNESSES:
1 EXECUTANT (S)
o1'ru, Gvy t1
,1
+4-
ff,nn u^y"a:-fi
f+
AGREEMENT TO SELL
3RD DAY oF JULY, 1996 BETWEEN Jaggi S/o Sh. Yad and Smt.
AND
The expression FIRST PARTY & SECOND PARTY shall mean and
Whereas the First Party is the owner of Plot Number 28, land
Kalan Residential Scheme, New Delhi, with the lease hold rights of
the land under the said property, by virtue of perpetual lease deed
bounded as under:-
West: -Road9mts.
24
4s
AND WHEREAS the first party in sound and disposing mind,
the above mentioned property unto the second party for a total sale
same and the first party has received the entire sale consideration
from the second party through a separate legal receipt, the receipt
2. That the second party shall realise all the rents profits of the
first party shall not demand any amount the second party or
3. That the first party have got no claim, title and interests with
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
party shall not create any charges on the said after this date.
along with the lease hold rights of the land under the said plot
etc. etc. and there is no legal defect in the title of the first
6. The after the issue of sale permission from the office of the
execute proper sale transfer deed of the above said plot with
the lease hold rights of the land under the said plot in favour
26
+7
Clearance Certificate at the time of proper transfer of the said
plot, if necessary
the said plot shall be paid and borne by the first party upto
the same shall be paid and borne by the second party, which
upon the said plot and the first party shall not be responsible
27
+8
the building upon the said plot at his/her/their own cost and
property and now the second party has become the sole and
his/her full right in the manner he/she likes and he/she can
concerned and the first party have no, objection for that
11. That this agreement shall be irrevocable and binding upon all
12. That in the first party violate and infringes the terms and
party
28
+q
admitted the same as true and correct on the day, month & year,
WITNESSES
1 FIRST PARTY
2 SECOND PARTY
v
<\\
Q_ue.ur\
29
So
fr""eXt4re,- A
lS
SPECIAL POWER OF ATTORNEY
Yad and Smt. Khazani Wo Sh Jaggi both Rlo 272, Vill. P.O.
hereby appoint, nominate and constitute Sh. B.K, Kalia Son of Late
true and lawful General Attorney, to do all acts, deeds and things in
deems fit and proper, in any manner, in respect Plot Number 28,
execute the sale deed, admit its execution, transfer the possession,
sale deed for registration, and get the same registered with the
We hereby agree to ratify and confirm that acts, deeds and things
following witnesses:-
WITNESSES
1 EXECUTANTS
Ypov co?Y"
5
A
H
o
WILL
S/o Sh. Yad R/o 272, Vil. P.O. Badarpur, New Delhi, hereinafter
Hence I with my free Will and without any pressure make this Will
'1
0, Dwarka, Pappan Kalan Residential Scheme, New Delhi, with
the lease hold rights of the land under the said property
property with the lease hold rights shall go and devolve upto M/s
ln case any one raises any objection and challanges this Will,
WITNESSES
'1. TESTATOR
2.
s3
WILL
wife of Shri Jaggi Rlo 272, Vill. P.O. Badarpur, New Delhi,
hence I with my free will without any pressure make this will with
Plot Number 28, measuring 325 sq. Mtrs. Sector 10, situated at
the lease hold rights shall go and devolve upon M/s pearls Green
ln case any one raise any objection and challenges this will,
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.
discharge and settlement against the sale of Plot No. 28, land
sell dt. 3.7.96, vide Pay order No. 86857, d|.2.7.96 issued by State
WITNESSES:-
1 EXECUTANTS
(^
Ru e C"Py"
9s
fFnruurorn/A
and empower Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal
property.
:)
5{
said property and to file/submit any applications, affidavits,
authorities.
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
'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
13. To execute and sign proper sale deed, mortgage deed, gift
favour of any person, and submit the same in the office of the
14. And Generally to do all acts, deeds and things which are not
binding on me/us.
on this 1210311997.
Witnesses:
1.
Sign
Name
S/o
R/o
EXECUTANT
I
UE U PYl
5q
fl"n,ne"u ru-Al3
and empower Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal
the same, to execute proper legal sale deed and the same
Deed
Witnesses
2
EXECUTANT
(8.K. KALrA)
(o
nUvre.- fr
lt t)
AGREEMENT TO SELL
Party) and Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal
The expression of the both the parties shall mean and include their
WHEREAS the First Party is the true and laMul owner of Plot
Number 28, measuring 325 sq. Mtrs. Sector '10, Dwarka, Papan
WEST : Roadgmeters
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
party, and the second party has occupied the said property
3. That the fist party has handed over all original documents &
further agreement with anyone for sale of the said property &
5. That the First Party assures the Second Party that the above
if proved otherwise the first party will make good the loss
r'c\
11o<
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
the first party will not create any charge or lien on the said
Second Party
Witnesses
1 FIRST PARTY
2. SECOND PARTY
Y.
Ue 6^PY "
6+
A"r Y1.e^t KrA lU
INDEMNITY BOND
Executant)
AND
Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh, resident
the Purchaser)
The expression of the both the parties shall mean and include their
Number 28, measuring 325 sq. Mtrs. Sector 10, Dwarka, Pappan
And Whereas the first party due to his/her/their legal needs and
rights liens and titles in the said Property unto the second party
and possess the same from the first party on the conditions that the
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
to be defective one.
And whereas the first party has consented thereto without any
conditions of reservations.
any acts, deeds or things done by the first party in respect of the
That the first party hereby further confirms and declares that this
AIUVd CNOC]S Z
u6!s
'l
Sf SS]N.LIAA
qq
6V
ftrrrex,r n-Alt>
WILL
by Shri B.K, Kalia son of Late Shri Ram Sarup, resident that 403,
favour of Shri Nirmal Singh Bhangoo S/o Late Shri Gurdayal Singh,
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),
I willingly make this Will that after my death the said property, shall
owner of the said property and shall get the same mutated,
su ccesso rs.
aforesaid property.
And I further declare that I have made this WILL voluntarily, without
WITNESSES
1 TESTATOR
-l-Rue, C o?'/"
69
A" S
^<xutu,a f
AFFIDAVIT
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
DEPONENT
\-aoe.caPY/
x4
tu ne..urr.'- Af 1 4
POSSESSION LETTER
WITNESSES:
-1-R ue cDpy,,
h ryqY. i4 )s
RECEIPT
Plot Number 28, measuring 325 sq. Mtrs. Sector 10, Dwarka,
WITNESSES:
1 EXECUTANT
2.
(,.1
-TRt:e co ly',
I:
A, yi e-X\rc',- nf I O
AGREEMENT TO SELL
BETWEEN
AND
Companies Act, 1956, having its Regd. Officer 22,3'd Floor, Amber
10.9.2001.
occur in the body of this Agreement, shall mean and include the
possession in the said property from Mr. Jaggi & Smt. Khazani
AND WHEREAS First Party has agreed to sell said property with all
Rs. 15,00,000/-
FOLLOWS:-
1. This the total sale consideration for the said property is Rs.
3. That First Party has valid right, absolute power and authority
6. That the first party has agreed to deliver the complete vacant,
by the First Party are fully valid and are enforceable and are
8. First party hereby declares that said property is free from all
FOLLOWING WITNESSES.
WITNESSES
1 FIRST PARTY
2. SECOND PARTY
?q
ANNEXURE -1
First Party
I
Paschim Vihar
Paschim Vihar
h
uE G Py,,
w
A*n "rr*'rfif 17
DEED OF AGREEMENT A SUM OF RS. 71,OO,OOO/-
Category of Colony D
COMPUTATION
AND
Shri Mukesh Goel son of Shri J.P. Goel, resident of DA-2F, Hari
The expression of the both the parties shall mean and include their
WHEREAS the First Party is the true and laMul owner and in
Shri B.K. Kalia son, of Late Shri Ram Sarup, vide Agreement to
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
Authority to (1)Shri Jaggi son of Shri Yad Ram and (2) Shrimati
registrar, Janak Purl, New Delhi-1 10058, and the four sides of the
t')
8t
And Whereas the first party with his sound and disposing mind and
(Rupees Seventy One, Lacs Only) and the second party also has
1 That the first party has received the full and final sale
One Lacs Only) from the second party against the sale of the
hereunder:-
New Delhi-110058.
New Delhi-110058.
Ea
c) Rs. 9,00,000/- vide Cheque Number 898177, dated
New Delhi-'110058.
New Delhi-110058.
New Delhi-110058.
Sale
4. That the flrst party has also handed over all the previous
to Sale
5. That the first party has assured to the second party that the
the title of the first party and if proved otherwise, the first
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
7. That the first party has neither entered into any sort of
the said property nor the first party shall create any charge
Sale
party shall realise all the rents and profits of the said property
and the first party shall not demand any amount from the
his Nominee (s) after obtaining the sale permission from the
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
12. That in case the first party violates the terms and conditions
WITNESSES:
1 FIRST PARTY
2. SECOND PARTY
'Y^-
*-TRve GPY'
8+
n<xLve-.Af lB
and empower Shri Mukesh Goel son of Shri J.P. Goel, resident of
property.
authorities.
to file/ submit all kinds of documents for the said purpose and
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
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
15. To enter into an agreement for the sale of the said property
17. To pay all taxes, dues, charges of the said property to all the
concerned authorities.
19. To execute and sign proper sale deed, mortgage deed, gift
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
binding on me/us.
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
Shri Mukesh Goel son of Shri J.P. Goel, resident of DA-2F, Hari
the same, to execute proper legal sale deed and the same
Deed
Witnesses
2.
Executant
T*De G ?),
%
next\r€.: A L (,
WILL
called the Testator) in favour of Shri Mukesh Goel son of Shri J.P
Whereas the Testator is the true and laMul owner of Plot Number
28, measuring 325.54 sq. Mtrs. Sector 10, Dwarka, Papan Kalan
I willingly make this Will that after my death the said property, shall
owner of the said property and shall get the same mutated,
successo rs.
aforesaid property.
And I further declare that I have made this WILL voluntarily, without
WITNESSES
1 TESTATOR
2. (LEGATEE)
II
-l-Rbe Co lv ,,
(-
\(xqrc.- A Ll
AFFIDAVIT
\< 1 That I have sold my Plot Number 28, measuring 325.54 sq.
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
t concealed therein.
DEPONENT
DATED
"-1-Rue G?y',
qT
Snnexrrc-d LL
POSSESSION LETTER
the property) with all original document relating to the said property
WITNESSES:
-feo6 Co py
Qa
$n, ,xrnrifrf z3
RECEIPT
Seventy One Lacs Only), From Shri Mukesh son of Shri J.P. Goel,
given below:-
New Delhi-110058
New Delhi-110058.
New Delhi-110058.
Hence, this receipt is made and executed at New Delhi on this 19th
WITNESSES:
1 EXECUTANT
":-po e c, Pv "
I AD
PLOTS ATTORNEY
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
\*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
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,
Entire Free hold Built up property No. 28, measuring 325.54 sq. Mtrs.,
Sadan, New Delhi-1 10 023, and the four side which is bounded as
under :-
And whereas the Vendor has agreed to sell the Entire Free hold built
called the Property), to the Vendee, and the Vendee has also agreed
1. That the total sale consideration of the said property has been
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
3. That all the previous dues i.e. house tax, electricity bill, water
Vendee and in future the same shall also be paid by the vendee
4. That the Vendor has handed over all original deeds and
documents relating to the said property to the Vendee at the
5. That the Vendor has handed over the actual, vacant, physical
6. That the Vendor has assured the Vendee that the said property
7. That the Vendor has further assured the Vendee that if the said
8. That the Vendor has left with no right, title, interest, share,
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
11. That the vendee shall have right to get the said property
ln the witness whereof, the Vendor and the Vendee both have signed
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
To,
Sir/lVladam,
3. lf any tax liability arises on this property after this mutation for
sd/-
Dy./Asstt. Assessor & Collector
Dy. A&C NGZ Zone
SDMC
\,\
Ruo 0 PY,
firrnrrl,!r1, v
GENERAL POWER OF ATTORNEY
Property)
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
10. To execute and sign proper sale deed, mortgage deed, gift
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
'l 3. All acts, deeds and things lawfully done by my/our above
on this 0511112014.
WITNESSES:
1.
Sign
Name
S/o
R/o
EXECUTANT
AND
The expression of the both parties shall mean and include their
WHEREAS the First Party is the true and lawful owner and in
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
been received by the first party from the second party as the
Receipt
2. That the first party has handed over the actual, peaceful,
second party
3. That the first party has also handed over all the previous
4. That any previous dues i.e. house tax, electric and water bill
5. That the first party has assured to the second party that the
title of the first party and if proved otherwise, the first party
and hereafter the second party became the owner of the said
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
the above said property either in the name (s) of the second
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
this Agreement to sell on the day, month and year first hereinabove
AIUVd CNOC]S Z
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AFFIDAVIT
DEPONENT
\ VERIFICATION
are true and correct to the best of our knowledge and belief and
DEPONENT
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POSSESSION LETTER
WITNESSES
2
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WILL
IN FAVOUR OF
lM/s PACL lndia Limited, having its registered Office at 22, 3'd
I willing make this WILL that after my death the said property, shall
owner of the said property and shall get the same mutated,
a
ln case of the said legatee dies earlier than me, then the aforesaid
SUCCCSSOTS.
l\4y other legal heirs, successors, or any other else shall have no
WITNESSES
1 TESTATOR
2. LEGATEE
*-fr<\)o GPY'
i?2
A" h eXtul )'c .-nP:-
RECEIPT
sum of Rs. 4,00,00 000i- (Rupees Four Crore only) from M/S PACL
are as under:-
WITNESSES:-
1. EXECUTANT
L1
-1-Rue CePv "
Flnrnrx-rrr'-A a
ITEM NO.1 COI'RT NO.2 SECTION XVII ls _)
VERSUS
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)
**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
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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.
-'T- C_
t\
further of the investors.
3
amount from any
-T-
The CBI will be entitled to use the photocopies of the
possible.
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
-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.
2016.
TP(CrI.)Nos......../2016 (D.No.398/2015) :
-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.
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SEARCH DOCUMENT
Amount Area
Tehsil Village
MR No. Details of Details of Seller Area State District Tehsil Village SY No. Remarks View
Buyer Khasra No. Documents
{
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.
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.
{
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
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41Ruu cpf,Y
140
\\l.;XU'€-.'fr 3S
AGM SUPER ESTATES PRIVATE LIMITED
3.3.2017
New Delhi
Sir,
under the Companies Act, 1956 and has its registered office at
2. That the Applicant Company has recently learnt that the subject
that the reason for the subject property being put up on sale is
as Annexure A2
that the Agreement to Sell did not fructify into a sale of the
subject property.
allotted by DDA to Sh. Jaggi, s/o. Sh. Yad Ram and Smt
,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
as Annexure 44
iv. That Sh. N.S. Bhangoo, s/o. Late Sh. Gurdayal Singh,
Annexure A-9.
Annexure A10(co11y)
Sh. J.P. Goel being GPA holder of Sh. Jaggi, S/o. Sh. yad
as Annexure 413.
415.
\+{
6. That the Applicant is in possession of the original documents
that, in the year'1997, the property had been sold to Sh. N.S.
deed on 9.9.2009.
possessro n.
'10 That it is therefore, most respectfully prayed that this Hon'ble
Application Company.
Thanking you,
Yours truly
sd/-
AGM Super Estates (P) Ltd.
t-
RUT GP/
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n e/rare J 6
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 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
2
4q
Mr T. Sudhakar, Adv.
Mr Prashant Bhushan. AOR
3
lso
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 .
4
ls
c.A. No. 13301/2015 etc.
5
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l)n^*ro,frfsr
Before Shri R.S. Virk, District Judge (RETD.) appointed to hear
vs SEBI.
Attachment
Order-
measuring 325.54 sq. mtr bearing plot no. 28, Sec -10,
12.01 .1996 by DDA to one Jaggi S/o Shri Yad Ram. The said
4. The above named PGF on its part then executed GPA, SPA,
')
lss
pages 145-150)
9. The Ld. Counsel for the objector have contended that the
Itd. in favour of M/s PACL Ltd. is a nullity and did not confer
'l 0. Further, it is argued that the objector has purchased the said
the said entry, the sale price of this property is 4 crores, and
Versus Securities & Board of lndia, yet the fact cannot be lost
2004 bearlng the title M/S PGF Ltd. and others Versus Union
of lndia and another. Keeping in view the fact that PACL was
chairman,itcannotbesaidatthisstagewithouttherebeing
151
t 1210311997. \,
13. lt may also be borne in mind here that neither SEBI which
Ltd. was Solely out of his own funds and not that of PACL
dismissed.
Dale:2211212017
sd/-
R.S. Virk
District Judge (RETD)
--TRo e Caly