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2005 Supreme(SC) 468

ARIJIT PASAYAT, S.H.KAPADIA
M. P. Housing Board – Appellant
Versus
Anil Kumar Khiwani – Respondent


Judgment

Kapadia, J.—Leave granted.

These civil appeals by grant of special leave are directed against a common Order dated 2.7.2004 passed by the High Court of Madhya Pradesh at Jabalpur in M.A.No. 1611 of 2003 and M.A.No. 1628 of 2003.

2. Since the impugned order is common in both the appeals, the same are jointly disposed of by this judgment.

3. For the sake of convenience, we may mention briefly the facts of Civil Appeal No. 1731 of 2005 [arising out of SLP (C) No. 22560 of 2003].

On 18th January, 2000, M.P. Housing Board, appellant herein, issued an advertisement in local newspaper “Dainik Bhaskar” inviting offers to subscribe to two schemes floated by the Board, namely, Katara Hills Residential Scheme and Centre Point Commercial Scheme. In these ap­peals, we are concerned with the booking of a showroom in the commer­cial complex. According to the said advertisement, the estimated cost of a showroom and departmental store in the commercial complex (Centre Point), having built up area of 3550 sq.ft. on the upper ground level, was Rs. 39 lacs. The registration amount was Rs. 3.90 lacs i.e. 10% of the estimated cost of Rs. 39 lacs. What was proposed to be constructed was a seven stor






























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