Sher Singh & ORS v. Jai Singh

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3603/2014 SHER SINGH & ORS ..... Plaintiffs Through:

Mr. Aditya Vikram & Mr. Avinash, Advocates (M-9555913622) versus JAI SINGH ..... Defendant Through:

Mr. Abhimanyu Gupta, Advocate (M8368427640)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 28.01.2019 It is submitted that Mr. Shishu Chauhan - Civil Engineer (M09711159781) has not refunded the fee despite the last order. The Local Commissioner - Mr. Shishu Chauhan is directed to refund the full fee received by him which was paid by the Plaintiff. A copy of this order and the last order be sent to Mr. Shishu Chauhan with a direction that in case the amount is not refunded, he shall be present in Court on the next date. Parties also submit that Mr. N.C. Saxena, Assistant Engineer, CPWD (Retd.) who was appointed for the execution of commission, has also expressed his inability to carry out the work. Accordingly, parties are directed to bring a list of Architect Firms who may be willing to execute the commission in terms of the order dated 16th August, 2018. Ld. Counsel for the Plaintiff submits that as per the settlement terms, sale deeds were to be given to the Plaintiffs. The Ld. Counsel submits that

since there is a delay in the execution of the commission, at least copies of the sale deeds may be handed over to the Plaintiffs. Counsel for the Defendant wishes to seek instructions.

List for both purposes i.e. appointment of Local Commissioner and in respect of copies of the sale deeds to be handed over to the Plaintiff, on 20th February, 2019.

PRATHIBA M. SINGH, J.

JANUARY 28, 2019 Rahul