JUDGMENT

N.J.JAMADAR,J. - This commercial division summary suit is instituted to recover a sum of Rs.39,12,43,595.00 along with further interest at the rate of 18% p.a. from the date of dishonour of the cheques which form the basis of the suit.

2. The material averments in the plaint can be stated in brief as under:-

The plaintiff is a limited liability partnership incorporated under the provisions of Limited Liability Partnership Act, 2008. The plaintiff is engaged in the business, inter alia, of development of immovable properties. M/s. Primeland Constructions, the defendant (Primeland) is a partnership firm registered under the Partnership Act, 1932. To the knowledge of the plaintiff, Jayesh Shah, Geeta Shah, Ketan Shah, Sayed Mustafa Javed, Mohammad Afzal Shaikh Faird and Bharat Vijan are the partners of defendant firm. They are engaged in the real estate business.

3. Pursuant to the representation made by the defendant that it had acquired certain rights in respect of immovable property situated at Survey No. 42-A (Part), CTS No. 874-B (Part) and CTS No. 875-D (Part), Borivali, Mumbai (subject land), the plaintiff and the defendant entered into a Joint Development Agreement on