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2022 Supreme(Kar) 851

B. M. SHYAM PRASAD
South India Biblical Seminary – Appellant
Versus
Indraprastha Shelters Private Limited – Respondent


Advocates appeared:
Sri. Joshua Hudson Samuel, Advocate, for the Appellant; Sri. Navakesh Batra., Advocate, Smt. B.R. Dhanalakshmi., Advocate, Sti. V.B. Shivakumar., Advocate, for the Respondent.

ORDER

1. The petitioner is a society registered under the Karnataka Societies Registration Act, 1960 [hereafter referred to as 'the Association']. The first respondent is a company registered under the Companies Act, 1956 and is engaged in the business of real estate development and construction of multi-storied apartments. The second respondent is a company registered under Section 25 of the Companies Act, 1956. The dispute is about the handing over vacant possession of certain apartments constructed in the property bearing No.3 (old 25, 25/2) situated at Norris Road, Municipal ward No. 76, Richmond Town, Bengaluru, admeasuring 18796 Sq. Ft [the Subject Property].

2. The residential apartment building comprising of these apartments is constructed by the first respondent in performance of the terms of the Joint Development Agreement dated 04.10.2010 and the Supplemental Agreement of even date. These agreements are executed and registered amongst the petitioner and the respondents. The Joint Development Agreement dated 04.10.2010 [hereinafter referred to as, 'the J D Agreement'] is executed contemporaneously with a Power of Attorney. The J D Agreement provides for resolution of disput

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