Back
IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Lord Grih Nirman Private Limited – Appellant
Versus
Merlin Projects Limited – Respondent
Judgment :
Tapabrata Chakraborty, J.
1. The appellant/defendant has challenged an order dated 16.05.2024 passed by the learned Single Judge dismissing an application being IA No. G.A. 02 of 2023 under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as the Code) filed in connection with the suit for specific performance being CS 98 of 2023.
2. For adjudication of the lis, the following dates would be necessary.
a) 11.11.2022 – Basant Properties Limited executed a deed of conveyance pertaining to land and buildings detailed in Schedule ‘A’ of the deed (hereinafter referred to as the said property) in favour of the Lord Grih Nirman Private Limited, the appellant/defendant;
b) 11.11.2022– Merlin Projects Limited, the respondent/plaintiff and the appellant executed a term sheet for entering into a Joint Development Agreement (hereinafter referred to as the JDA) and the respondent paid an amount of Rs. 2 crores to the appellant as a refundable deposit;
c) 21.04.2023 – The appellant’s advocate forwarded the final draft of the JDA to the respondent;
d) 20.05.2023 – By an e-mail, the respondent requested the appellant to arrange for execution of the JDA as early as possib
The court reaffirmed that disputes involving contracts for construction and development, such as the MOU in question, fall within the jurisdiction of commercial courts under the Commercial Courts Act....
The court affirmed that disputes arising from agreements related to property used for trade fall under the jurisdiction of Commercial Courts, emphasizing the need for factual evaluation in limitation....
The court clarified that distinct causes of action in two separate suits prevent dismissal under Order II Rule 2, and determined that the present dispute did not qualify as a commercial dispute under....
An agreement lacking consideration is void and unenforceable, disallowing claims for specific performance based on such agreements.
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
A suit for specific performance of an MOU regarding redevelopment of residential property does not constitute a commercial dispute under the Commercial Courts Act if the property is not used exclusiv....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
