In this post we will discuss about a plea accusing the Realty Company, N K Sharma Enterprises Pvt Ltd, owned by Derabassi MLA N K Sharma, of obtaining an order from the High Court of Punjab and Haryana for “fraud and suppression of the facts,”
HC stays its order favouring realty firm for ‘hiding facts’
Hearing a plea accusing the Realty Company, N K Sharma Enterprises Pvt Ltd, owned by Derabassi MLA N K Sharma, of obtaining an order from the High Court of Punjab and Haryana for “fraud and suppression of the facts,” the HC remained in favor of the Realtor’s order of 13 July.
Facts of the case
According to the applicant, Daljit Kaur of Zirakpur, district of Mohali, the real estate company had obtained the order by concealing the fact that the petition filed by the company in February of this year indicting the company for land grabbing was already pending before the HC. The dispute between the applicant, Daljit Kaur, and N K Sharma Enterprises relates to the possession on part of her land of a passage which the petitioner has never sold.
In its petition, the company sought direction to protect its life and liberty from the applicant, Daljit Kaur, for whom HC had asked SSP Mohali to take the appropriate decision on the representation submitted by the company to SSP on 24 February 2020. The applicant ‘s lawyer, Sumeet Goel, argued that the order had been obtained through deceit, deception and distortion of the evidence and without the claimant being heard.
According to the lawyer, immediately after passing the order of 13 July, Daljit had begun to receive calls from the SP Mohali office (investigation) to be present for investigation. The action of the police was very prompt, as never before, in any other case which raised doubts in the applicant ‘s mind that she and her family were in trouble. The counsel noted that, in Daljit ‘s earlier plea against the realtor, specific allegations were made against the company and its directors for attempting to seize the property of the applicant.
‘The applicant ‘s counsel (Daljit Kaur) clearly submits that, at the same time when CRM-M-18328-2020 [Criminal key proceedings] were closed on 13 July, another CRWP [Criminal writ petition] No.1716 of 2020 was moved by the applicant-Daljit Kaur against M / s N K Sharma Enterprises Pvt. Ltd. and others were also waiting for July 23. In the meantime, the order of 13 July passed by that court in CRM-M-18328-2020 must be kept in abeyance, “the HC said. The court also issued a notice to N K Sharma Enterprises Pvt. Ltd and the Punjab Government shall submit their replies to the arguments raised by the applicant. The matter was decided for further hearing on 28 September.
The orders were passed by HC Justice Lalit Batra at the hearing of an application filed by Daljit Kaur seeking an order to recall the order dated 13 July passed by HC and to dispose of a petition filed by N K Sharma Enterprises Ltd.
“It is therefore clear that HC has already seized the matter while N K Sharma Enterprises, instead of choosing to file an application in that petition, has filed a new petition for fraudulently obtaining a favorable order from this HC by concealing the facts. The applicant has already prayed for the protection of her life and freedom against society. In that case, HC has already given a notice to SSP Mohali and has also ordered SHO Zirakpur to appear in person before HC, “HC was told.
This post was written by Kasha Doshi
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