This common order is being passed in Co. Pet. No. 380/2008, M/s Welldone Estate Projects Private Limited versus M/s Today Homes and Infrastructure Private Limited, Co. Pet. No. 8/2009, Sunil Kothari versus Today Homes and Infrastructure Private Limited and Co. Pet. No. 107/2009, Balwant Singh versus Today Homes and Infrastructure Private Limited.

Co. Pet. No. 380/2008

2. I am not inclined to entertain the Co. Pet. No. 380/2008 filed by Welldone Estate Projects Private Limited in spite of the fact that the respondent company has admitted receipt of Rs.5,19,00,000/-, which was paid through banking transactions.

3. The respondent in the reply has taken the defence that they had entered into a contract with Ludhiana Improvement Trust (LIT, for short) under a concession agreement dated 24th May, 2005 to develop and market the project “Ludhiana City Centre”. It is further stated that a tripartite agreement dated 25th August, 2005 was entered among the respondent company, LIT and HDFC Limited and in terms of which an escrow account is opened in HDFC Bank. 30% of the sale proceeds from the said account were to be credited to LIT and balance 70% to the respondent company. The responde