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