Dr. Amitabha Sen vs. Raj Singh Gehlot

Court:Supreme Court of India
Judge:Hon'ble M.R. Shah
Case Status:Disposed
Order Date:13 May 2022
CNR:SCIN010082352022

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Order Issued After Hearing

Purpose:

FRESH

Before:

Hon'ble M.R. Shah, Hon'ble B.V. Nagarathna

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Dismissed

Listed On:

13 May 2022

In:

Judge

Category:

UNKNOWN

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Order Text

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 2694-2695/2022

DR. AMITABHA SEN Appellant(s)

VERSUS

RAJ SINGH GEHLOT & ORS. Respondent(s)

O R D E R

We have heard learned counsel for the appellant.

From the material on record and even the impugned oder passed by the Commission, it appears that the conveyance deed in favour of the petitioner has been executed by the builder as per Clause 13 of the agreement entered into between the parties.

It is the case on behalf of the petitioner that the agreement was by force.

However, it is to be noted that, in fact, the very petitioner approached the Delhi High Court for execution of the conveyance deed as per the agreement and thereafter, the conveyance deed has been executed in favour of the petitioner. Therefore, now it will not be open for the petitioner to contend that the agreement was caused by force.

Be that as it may, the grievance on behalf of the petitioner that the deed allotment has not been issued in favour of the petitioner concerned, it will be open for the petitioner to approach or pursue any appropriate Forum and/or Authority or Court in accordance with, even as observed by the Commission. Digitally signed by Indu Marwah Date: 2022.05.19 16:52:42 IST Reason: Signature Not Verified

We are in complete agreement with the view taken by the

Commission.

No interference of this Court is called for.

The Civil Appeals are dismissed.

Pending application (s), if also, also stand disposed of.

…………………………………………..,J. [M.R. SHAH]

…………………………………………..,J.

NEW DELHI;

13th May, 2022 [B.V. NAGARATHNA]

ITEM NO.10 COURT NO.11 SECTION XVII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 2694-2695/2022

DR. AMITABHA SEN Appellant(s)

VERSUS

RAJ SINGH GEHLOT & ORS. Respondent(s)

(FOR ADMISSION )

Date : 13-05-2022 These appeals were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Appellant(s) Ms. Aditi Pandey, Adv. Mr. Abhinav, Adv. Ms. Reshmi Rea Sinha, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The Civil Appeals are dismissed as per the signed order.

Pending application (s), if also, also stand disposed of.

(ARUSHI SUNEJA) (NISHA TRIPATHI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (Signed order is placed on the file.)