SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(SC) 1411

TARUN CHATTERJEE, R.M.LODHA
ECE Industries Limited – Appellant
Versus
S. P. Real Estate Developers P. Ltd. – Respondent


Advocates appeared:
R.F. Nariman, Dr. A.M. Singhvi, Sr. Advs., Akhil Sibal, Ajay bhargava, Ms. Vanita Bhargava (for M/s. Khaitan & Co.), Ananga Bhattacharya, J. Mohan Reddy, Bupender Mahendra, Aribam Guneshwar Sharma, G. Ramakrishna Prasad, Advocates.

JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. These two appeals have been filed from a common order passed by the High Court of Andhra Pradesh at Hyderabad, by which the High Court had affirmed an order of the Second Additional City Civil Judge at Hyderabad, disposing of an application for injunction filed at the instance of the plaintiff-appellant on two applications for injunction in a suit for recovery of possession and damages. The plaintiff/appellant alleged in their plaint that they are the owner of 67,824.50 sq. yards of land, situated at Borabanda, Fathenagar, Ashok Marg, Hyderabad (hereinafter referred to as the suit property). The plaintiff-appellant as well as the defendants/respondents executed a Development Agreement cum Power of Attorney on 21st of September, 2007. Under the said Agreement, the defendants/respondents agreed to pay an aggregate sum of Rs. 30.50 crores in the following manner :-

i) Rs. 13.50 crores by way of non-refundable amount.

ii) Rs. 16.72 crores for utilizing the consultations, advice and services of the petitioner over the suit property along with service tax o the said amount for which invoices had been raised by the plaintiff/appellant.

i

















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top