IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA

AT
CHANDIGARH

Civil Misc. No.__________of 2019

In CR-4946 of 2017

Gurdev Singh
….Petitioner
Versus
Sushil Kumar Puri and others
...Respondents

Application under Section 151 of the CPC for

vacation of stay order dated 28.07.2017, passed

by this Hon’ble Court, in the interest of Justice.

RESPECTFULLY SHOWETH :

1. That the abovementioned case is pending adjudication before this

Hon’ble Court and is fixed 16.08.2019.

2. That the petitioner has obtained the ex-parte stay order dated

28.04.2016 from this Hon’ble Court by misleading this Hon’ble

Court by stating that the petitioner had neither been director in the

M/s Bhagwati Printers Pvt. Ltd. nor ever associated with the said

firm. Due to the stay order, the investigation and prosecution of this

case is not proceeding further since 28.04.2018 and no challan has

been filed by the police. Because of the heavy roster, the matter is

pending till date though the petitioner has obtained stay of arrest in

the quashing petition. The petitioner has intentionally not

impleaded the complainant/applicant as respondent in the present

case only with the intention to get ex-parte stay order at the back

of the applicant/complainant by misrepresenting the facts before

this Hon’ble Court. Infact, the petitioner has been projecting himself

to be the Director and contact person of M/s Bhagwati Printers Pvt.

Ltd., the owner of the flat. The petitioner has drafted the Agreement

to Sell and Rent Agreement and forwarded the same through his e-

mail to Mr. Sanjeev Mathur, property dealer on the date of

 execution of Agreement to Sell i.e. 18.06.2015 (Annexure R-2/10).

This would be evident from the Linked-in-profile (Annexure R-2/6)

of the petitioner, wherein he has written himself to be Director of

the said company. Even in the online Advertisements for Bhagwati

Printers Pvt. Ltd. (Annexure R-2/7 to R-2/9), the name of the

petitioner is also written as Director and contact person alongwith

other accused persons.

3. That the petitioner- Aman Verma, his father – Anil Verma and his

brother Amit Verma (hereinafter referred to as accused) by

hatching a conspiracy have duped the applicant/complainant of her

hard earned money of approximately Rs. 51 Lakhs by selling off Flat

No.102, which was already mortgaged with the bank. The sequence

of events is sufficient to prove the intention of the accused and is

given in tabulated form for the ready reference of this Hon’ble Court

:-

Date Events

28.09.2011 Accused have taken a loan from bank by mortgaging

Flat No.102
28.09.2013 Accused stopped making payment and their account
was declared NPA
04.03.2014 Bank served notice for auction of flat for recovery of
(Ann.A/10) Rs. 4.03 lakhs
01.11.2014/ Accused persons with malafide intention floated an
27.12.2014 advertisement in the newspaper for sale of flat
04.03.2015 Bank moved an application before D.M., GGN for
(Ann C/19) taking possession over the flat No.102. Notice was
issued to accused for 13.04.2015.
March, 2015 The accused contacted the complainant to purchase
the said flat for 3.1 crore and further told that one
loan is pending and assured her that they will repay
by selling this flat and will get NOC/permission from
the bank but did not disclose about pendency of court
case before D.M., GGN.
01.04.2015 To take the complainant into confidence, the accused
(Ann D/27) vacated the flat as they knew that DM, GGN will make
the flat vacated anytime with the police help.
09.04.2015 Accused wrote a letter to the bank that they found
(Ann E/30) one purchaser who is ready to purchase the flat for
2.8 crore, rather they quoted the price of 3.1 crore to
complainant. They further wrote that they will deposit
the entire sale consideration to write off their loan
liability.
13.04.2015 Accused intentionally did not appear before D.M.,
GGN and the case was adjourned for 11.05.2015.
17.04.2015 The petitioner wrote a letter to bank for its assurance
(Ann F/34) that it will return the original papers of the flat after
receiving 2.8 crores
24.04.2015 To deceive the complainant, the accused showed her
(Ann G/35) a letter of the bank in which the bank has asked for
some documents from accused and they told her that
after giving these documents, the bank will given
them permission to sell the flat
(Ann H/I 37) Husband of the complainant applied for loan from
IDBI
11.05.2015 Again the accused did not appear before D.M., GGN
(Ann J/39) and the case was adjourned to 29.06.2015. Again,
they did not disclose the complainant about the case.
End May – Accused arranged the meeting between the
Big June,15 complainant and bank officer and bank officer
assured to give NOC after receiving the whole cost of
flat.
18.05.2015 Complainant entered into deal with Mrs. Verghese to
(Ann K/41) sell off her flat and received 5 Lacs as Earnest money
to pay earnest money for Flat No.102
18.05.2015 Complainant gave a cheque of Rs. 5 Lacs to accused
(Ann. L/44) person in lieu of purchase of Flat No.102
12.06.2015 Agreement to sell was executed between
(Ann M/45) complainant and Mrs. Vergese for sale of Flat No. E-
14/3 for Rs. 1.8 crore. Last Date for sale deed was
fixed as 15.06.15 but Mrs. Vergese allowed the
complainant to live in the said flat till 30.06.15 as the
accused have promised her to give possession
between 15-30.06.2015.
15.06.2015 Sale deed was executed in favour of Mrs. Vergese
(Ann N-47)
15.06.2015 Accused purchased the stamp papers for Agreement
(Ann O) to Sell
18.06.2015 The petitioner sent draft of A.T.S. through his mail.
(Ann P/53)
18.06.2015 Accused received 43.50 lakhs as earnest money; 1
(Ann. Q/O/54) lac for possession security and 2 lakh on account of
rent with assurance that they will deposit the same
with the bank. Date for sale deed was fixed as
15.08.2015
18.06.2015 Rent agreement was executed between complainant
(Ann R/59) and accused and possession was handed over to
complainant but they did not disclose about the
pendency of case before D.M
20.06.2015 Complainant deposited security of Rs. 8,000/- to
(Ann S/67) Association and started renovating the flat by
painting and polishing and spent approx. 6 lakhs.
30.06.2015/ Accused appeared before court of D.M., GGN but did
21.07.2015 not disclose this to complainant.
21.07.2015 Loan was sanctioned to the complainant and her
(Ann.T/69) husband.
28.09.2015 Accused wrote a letter to the bank and apprised it
(Ann.U/77) that they have got a buyer for 2.60 Cr. and request it
to waive off penal interest but they did not deposit
the earnest amount of Rs. 51 lacs of earnest money
with the bank.
15.10.2015 Date of sale deed was lapsed but accused assured
the complainant that they will make a settlement
with bank.
20.10.2015 Bank of complainant wrote her that the time period of
(Ann.V/79) taking loan has been lapsed.
 23.10.2015 Complainant wrote to accused either get the sale
(Ann.W/ deed registered after completing the settlement with
80) bank or return her earnest money.
Nov.2015 I asked the bank of accused about the settlement but
the bank stated that it will get the possession through
orders of D.M.
04.12.2015 Complainant sent a notice to accused to return her
(Ann.X/82) money and also stated that they have played fraud
upon her by concealing the pendency of court case
before D.M., GGN. She further stated that no
settlement is pending with the bank and sent a rent
of Rs. 1.5 lakh (draft) to accused.
19.01.2016 As the accused did not reply to notice, I moved a
(Ann.Y/95) complaint before the Commissioner of Police.
27.01.2016 The accused did not disclose to D.M. court that they
(Ann.Z/ have received Rs. 51 lakhs as earnest amount out of
105) total consideration of Rs. 3.1 Crore but the bank has
disclosed this thing in the written Arguments.
27.01.2016 DM order for possession to the bank with police help
(Ann.A- on 29.02.2016.
1/110 )
10.02.2016 Bank passed the order of DM on the flat. The
complainant requested the accused to deposit the
earnest money with the bank and repay the loan
amount or to return back the earnest money but they
flatly refused.
26.02.2016 The complainant deposited the amount with
(Ann A-2/112) Association to vacate the flat to save herself from
insult of dispossession
29.02.2016 The complainant sent an e-mail apprising them that
(Ann.A-3/113) she had to vacate the flat on the orders of DM and
requested them to care of her interest but to no
effect. She shifted to Flat No.1100, Beverly Part II on
rent.
29.08.2016 Bank auctioned the flat.
(Ann.A-4/115)
…. Police of DLF-II, GGN, registered an FIR No.131 U/s
406,420,120-B IPC against the petitioner, his father
and brother.

4. That thus, from the above facts and circumstances, it is evident

that the petitioner and other accused persons have no intention to
clear the bank loan and they had simply induced the complainant to
part with the money with an intention to cheat the complainant.

5. That on the facts stated in the application, it is just and expedient in

the interest of justice that this Hon'ble Court may be pleased to

vacate its stay order dated 28.04.2016 granted ex parte to the

petitioner and may also be pleased to pass such other and further

order which this Hon’ble Court may deem fit and proper under the

circumstances of the case.

PRAYER :
 It is, therefore, respectfully prayed that the present application may

kindly be allowed and the ex-parte stay order dated 28.04.2016 by

recalling the same, may kindly be vacated, in the interest of Justice.

Note : Affidavit in support is attached herewith.

Chandigarh, (Dr. Surya Parkash)

Date: 02.04.2019 P-1008/1998

(Vaishali) (Shekhar Kumar)

P-4827/2017 P-4525/2010
Advocates
Counsel for the Applicant/Complainant
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT
CHANDIGARH

Civil Misc. No.__________of 2019

In CR-4946 of 2017

Gurdev Singh
….Petitioner
Versus
Sushil Kumar Puri and others
...Respondents
Affidavit of Mrs. Seema Rao W/o Mr. Shallender Singh
Rao, R/o H.No. E-14/3, 14th Floor, E-Block, Sector 28,
MG Road, Gurgaon.
I, the above named deponent do hereby solemnly affirm and

declare as under :-

1. That the abovementioned case is pending adjudication before this

Hon’ble Court and is fixed 16.08.2019.

2. That the petitioner has obtained the ex-parte stay order dated

28.04.2016 from this Hon’ble Court by misleading this Hon’ble

Court by stating that the petitioner had neither been director in the

M/s Bhagwati Printers Pvt. Ltd. nor ever associated with the said

firm. Due to the stay order, the investigation and prosecution of this

case is not proceeding further since 28.04.2018 and no challan has

been filed by the police. Because of the heavy roster, the matter is

pending till date though the petitioner has obtained stay of arrest in

the quashing petition. The petitioner has intentionally not

 impleaded the complainant/applicant as respondent in the present

case only with the intention to get ex-parte stay order at the back

of the applicant/complainant by misrepresenting the facts before

this Hon’ble Court. Infact, the petitioner has been projecting himself

to be the Director and contact person of M/s Bhagwati Printers Pvt.

Ltd., the owner of the flat. The petitioner has drafted the Agreement

to Sell and Rent Agreement and forwarded the same through his e-

mail to Mr. Sanjeev Mathur, property dealer on the date of

execution of Agreement to Sell i.e. 18.06.2015 (Annexure R-2/10).

This would be evident from the Linked-in-profile (Annexure R-2/6)

of the petitioner, wherein he has written himself to be Director of

the said company. Even in the online Advertisements for Bhagwati

Printers Pvt. Ltd. (Annexure R-2/7 to R-2/9), the name of the

petitioner is also written as Director and contact person alongwith

other accused persons.

3. That the petitioner- Aman Verma, his father – Anil Verma and his

brother Amit Verma (hereinafter referred to as accused) by

hatching a conspiracy have duped the applicant/complainant of her

hard earned money of approximately Rs. 51 Lakhs by selling off Flat

No.102, which was already mortgaged with the bank. The sequence

of events is sufficient to prove the intention of the accused and is

given in tabulated form for the ready reference of this Hon’ble Court

:-

Date Events

28.09.2011 Accused have taken a loan from bank by mortgaging

Flat No.102
28.09.2013 Accused stopped making payment and their account
was declared NPA
04.03.2014 Bank served notice for auction of flat for recovery of
(Ann.A/10) Rs. 4.03 lakhs
01.11.2014/ Accused persons with malafide intention floated an
27.12.2014 advertisement in the newspaper for sale of flat
04.03.2015 Bank moved an application before D.M., GGN for
(Ann C/19) taking possession over the flat No.102. Notice was
issued to accused for 13.04.2015.
March, 2015 The accused contacted the complainant to purchase
 the said flat for 3.1 crore and further told that one
loan is pending and assured her that they will repay
by selling this flat and will get NOC/permission from
the bank but did not disclose about pendency of court
case before D.M., GGN.
01.04.2015 To take the complainant into confidence, the accused
(Ann D/27) vacated the flat as they knew that DM, GGN will make
the flat vacated anytime with the police help.
09.04.2015 Accused wrote a letter to the bank that they found
(Ann E/30) one purchaser who is ready to purchase the flat for
2.8 crore, rather they quoted the price of 3.1 crore to
complainant. They further wrote that they will deposit
the entire sale consideration to write off their loan
liability.
13.04.2015 Accused intentionally did not appear before D.M.,
GGN and the case was adjourned for 11.05.2015.
17.04.2015 The petitioner wrote a letter to bank for its assurance
(Ann F/34) that it will return the original papers of the flat after
receiving 2.8 crores
24.04.2015 To deceive the complainant, the accused showed her
(Ann G/35) a letter of the bank in which the bank has asked for
some documents from accused and they told her that
after giving these documents, the bank will given
them permission to sell the flat
(Ann H/I 37) Husband of the complainant applied for loan from
IDBI
11.05.2015 Again the accused did not appear before D.M., GGN
(Ann J/39) and the case was adjourned to 29.06.2015. Again,
they did not disclose the complainant about the case.
End May – Accused arranged the meeting between the
Big June,15 complainant and bank officer and bank officer
assured to give NOC after receiving the whole cost of
flat.
18.05.2015 Complainant entered into deal with Mrs. Verghese to
(Ann K/41) sell off her flat and received 5 Lacs as Earnest money
to pay earnest money for Flat No.102
18.05.2015 Complainant gave a cheque of Rs. 5 Lacs to accused
(Ann. L/44) person in lieu of purchase of Flat No.102
12.06.2015 Agreement to sell was executed between
(Ann M/45) complainant and Mrs. Vergese for sale of Flat No. E-
14/3 for Rs. 1.8 crore. Last Date for sale deed was
fixed as 15.06.15 but Mrs. Vergese allowed the
complainant to live in the said flat till 30.06.15 as the
accused have promised her to give possession
between 15-30.06.2015.
15.06.2015 Sale deed was executed in favour of Mrs. Vergese
(Ann N-47)
15.06.2015 Accused purchased the stamp papers for Agreement
(Ann O) to Sell
18.06.2015 The petitioner sent draft of A.T.S. through his mail.
(Ann P/53)
18.06.2015 Accused received 43.50 lakhs as earnest money; 1
(Ann. Q/O/54) lac for possession security and 2 lakh on account of
rent with assurance that they will deposit the same
with the bank. Date for sale deed was fixed as
15.08.2015
18.06.2015 Rent agreement was executed between complainant
(Ann R/59) and accused and possession was handed over to
complainant but they did not disclose about the
pendency of case before D.M
20.06.2015 Complainant deposited security of Rs. 8,000/- to
 (Ann S/67) Association and started renovating the flat by
painting and polishing and spent approx. 6 lakhs.
30.06.2015/ Accused appeared before court of D.M., GGN but did
21.07.2015 not disclose this to complainant.
21.07.2015 Loan was sanctioned to the complainant and her
(Ann.T/69) husband.
28.09.2015 Accused wrote a letter to the bank and apprised it
(Ann.U/77) that they have got a buyer for 2.60 Cr. and request it
to waive off penal interest but they did not deposit
the earnest amount of Rs. 51 lacs of earnest money
with the bank.
15.10.2015 Date of sale deed was lapsed but accused assured
the complainant that they will make a settlement
with bank.
20.10.2015 Bank of complainant wrote her that the time period of
(Ann.V/79) taking loan has been lapsed.
23.10.2015 Complainant wrote to accused either get the sale
(Ann.W/ deed registered after completing the settlement with
80) bank or return her earnest money.
Nov.2015 I asked the bank of accused about the settlement but
the bank stated that it will get the possession through
orders of D.M.
04.12.2015 Complainant sent a notice to accused to return her
(Ann.X/82) money and also stated that they have played fraud
upon her by concealing the pendency of court case
before D.M., GGN. She further stated that no
settlement is pending with the bank and sent a rent
of Rs. 1.5 lakh (draft) to accused.
19.01.2016 As the accused did not reply to notice, I moved a
(Ann.Y/95) complaint before the Commissioner of Police.
27.01.2016 The accused did not disclose to D.M. court that they
(Ann.Z/ have received Rs. 51 lakhs as earnest amount out of
105) total consideration of Rs. 3.1 Crore but the bank has
disclosed this thing in the written Arguments.
27.01.2016 DM order for possession to the bank with police help
(Ann.A- on 29.02.2016.
1/110 )
10.02.2016 Bank passed the order of DM on the flat. The
complainant requested the accused to deposit the
earnest money with the bank and repay the loan
amount or to return back the earnest money but they
flatly refused.
26.02.2016 The complainant deposited the amount with
(Ann A-2/112) Association to vacate the flat to save herself from
insult of dispossession
29.02.2016 The complainant sent an e-mail apprising them that
(Ann.A-3/113) she had to vacate the flat on the orders of DM and
requested them to care of her interest but to no
effect. She shifted to Flat No.1100, Beverly Part II on
rent.
29.08.2016 Bank auctioned the flat.
(Ann.A-4/115)
…. Police of DLF-II, GGN, registered an FIR No.131 U/s
406,420,120-B IPC against the petitioner, his father
and brother.

4. That thus, from the above facts and circumstances, it is evident

that the petitioner and other accused persons have no intention to

 clear the bank loan and they had simply induced the complainant to

part with the money with an intention to cheat the complainant.

5. That on the facts stated in the application, it is just and expedient in

the interest of justice that this Hon'ble Court may be pleased to

vacate its stay order dated 28.04.2016 granted ex parte to the

petitioner and may also be pleased to pass such other and further

order which this Hon’ble Court may deem fit and proper under the

circumstances of the case.

Place : Chandigarh
Dated : 02.04.2019
Deponent
(Seema Rao)
VERIFICATION :

Verified that the contents of my above affidavit from Para No. 1 to 5

are true and correct to my knowledge. No part of it is false and nothing

material has been kept concealed.

Place : Chandigarh
Dated : 02.04.2019
Deponent
(Seema Rao)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA

AT
CHANDIGARH

Civil Misc. No.__________of 2019

In CR-4946 of 2017

Gurdev Singh
….Petitioner
Versus
Sushil Kumar Puri and others
...Respondents
INDEX

SR. PARTICULARS DATE PAGE COUR

NO. NO. T FEE
1. Application for vacation of stay 02.04.201 01-04

2. Affidavit in support 02.04.201 05-8

 9

3. Application for plaing on Record

4. Affidavit in support

3. Vakalatnama Already on record

Total Court Fee___________/-

Note:

(i) Main case is fixed for 16.08.2019.

(ii) Advance copy has been supplied to the opposite counsel.

PLACE: CHANDIGARH (NISHA RANA) (CHETAN GUPTA) (SUKHVIR GILL)

DATE: 08.10.2022 PH/4681/2021 PH-2985/2020 PH/953/2022

ADVOCATES

COUNSEL FOR THE RESPONDENT

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA

AT
CHANDIGARH

Civil Misc. No.__________of 2019

In CR-4946 of 2017

Gurdev Singh
….Petitioner
Versus
Sushil Kumar Puri and others
...Respondents
COURT FEES
PLACE: CHANDIGARH (NISHA RANA) (CHETAN GUPTA) (SUKHVIR GILL)

DATE: 08.10.2022 PH/4681/2021 PH-2985/2020 PH/953/2022

ADVOCATES

COUNSEL FOR THE RESPONDENT

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA

AT
CHANDIGARH

Civil Misc. No.__________of 2019

In CR-4946 of 2017

Gurdev Singh
….Petitioner
Versus
Sushil Kumar Puri and others
...Respondents
 APPLICATION UNDER SECTION 151 C.P.C. , FOR

PLACING ON RECORD THE ANNEXURE P-6 (FIR

NO. 260 DATED 29.10.2021 POLICE STATION

RANJIT AVENUE, DISTRICT AMARITSAR) FOR

PROCEEDING DURING THE INVESTIGATION AS

ANNEXURE P-6 IN THE INTEREST OF JUSTICE.

RESPECTFULLY SHOWETH:-

1. That the Petitioner are filing the accompanying Petition in this Hon’ble

Court, and same is pending and fixed for 16.02.2022.

2. That the contents of the accompanying Revision may kindly be read as

part and parcel of the present application.

3. That the Petitioner want to place on record Annexure P-6 (FIR NO.

260 DATED 29.10.2021 POLICE STATION RANJIT AVENUE, DISTRICT

AMARITSAR) which is relevant for the disposal of the present Petition

4. That the certified copies of the Annexure P-6 are not readily available

with the Petitioner. However, the true typed/translated/photo copies

of the same are being attached herewith.

PRAYER:-

a. It is therefore, respectfully that the above said application may

kindly be allowed and placing on record the Annexure P-6 (FIR NO.

260 DATED 29.10.2021 POLICE STATION RANJIT AVENUE,

DISTRICT AMARITSAR) in the interest of justice.

b. It is also, further prayer that the Petitioner may kindly be exempted

for filing the certified copy the Annexure P-6 in the interest of
 justice. However, true translation / true photocopy same are being

attached for the king of perusal of the Hon’ble High Court.

PLACE: CHANDIGARH (NISHA RANA) (CHETAN GUPTA) (SUKHVIR GILL)

DATE: 08.10.2022 PH/4681/2021 PH-2985/2020 PH/953/2022

ADVOCATES

COUNSEL FOR THE RESPONDENT