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2023 (1) TMI 554 - HC - Companies LawSuit for specific performance of a contract - Seeking to transfer and register the land in the name of the Applicant Firm as it has duly purchased and paid total sale consideration - HELD THAT:- It is apparent that no suit or legal proceedings shall be commenced or proceeded with, except by leave of the court and subject to such terms as the court may impose. This court is of the considered opinion that the contents of IA No.2785/2017 partake of the nature of civil suit for specific performance of a contract. A detailed reply and two additional replies have also been filed by the Official Liquidator as also the rejoinder and photocopies of many documents have also been relied upon by the both the parties, whose veracity cannot be checked only on affidavits and arguments. In such circumstances, when various disputed questions of facts and laws are also involved, this court does not find it to be a fit case to decide in a summary manner, and thus, is of the considered opinion that the applicant firm can be asked to file a civil suit before the court of competent jurisdiction where the parties can lead evidence in support of their respective claims. Application allowed in part.
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