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2018 Supreme(Del) 201

PRATHIBA M.SINGH
RAJINDER BALI – Appellant
Versus
SABH INFRASTRUCTURE LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr. Dinesh Agnani, Senior Advocate with Ms. Leena Tuteja, Ms. Diksha Bhatia and Mr. Ishaan Chawla, Advocates.
For the Respondent:Mr. Ajay Mehrotra, Advocate with AR.

JUDGMENT :

Prathiba M. Singh, J.

1. A collaboration agreement was entered into on 30th April, 2012 between the Appellant/Mrs. Rajinder Bali (hereinafter 'owner') and the Respondent/Plaintiff (hereinafter 'builder'). The collaboration agreement was in respect of property bearing no. D-49 situated at Greater Kailash, Enclave-II, New Delhi measuring 408.33 sq. yds (hereinafter, 'suit property').

2. The relevant clauses of the Collaboration agreement are set out herein below :

“1…………

2. That the Builder shall demolish the existing structure on the said plot of land and develop, construct and build a building consisting of Basement, Stilt, Ground Floor, First Floor, Second Floor and Third Floor with terrace, at its own costs and expense, after getting the building plans and architectural drawings sanctioned from the authorities concerned.

3…………10

11. That the responsibility of the entire amount required or payable for carrying out construction, development, completion of the said building including the charges and fees of the architect for preparation of the plans and all the other statutory and other fees and/or demands shall be applied wholly to the account of Builder.

12…………20

21. The Owner s

















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