JUDGMENT

Navin Chawla, J. (Oral)

I.A. 9539/2023

1. Allowed, subject to all just exceptions.

O.M.P.(I) (COMM.) 152/2023

2. Issue notice.

3. Notice is accepted by the counsels representing the respective parties.

4. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

5. It is the case of the petitioner that the petitioner had entered into a Collaboration Agreement dated 25.06.2015 with the respondent no.1, which, inter alia provides as under:

"23. That 36.25% (thirty six and Quarter percent) of the saleable built up area of the Commercial Colony together with proportionate, undivided, indivisible or impartible ownership rights in the land underneath the said Commercial Colony as also in common areas and common facilities shall belong to and be owned by the Owner (hereinafter referred to as `Owner's allocation') and the remaining 63.75% (sixty three and three quarter percent) saleable built up area of the said Commercial Colony together with proportionate undivided, indivisible or impartible ownership rights in the land underneath the said Commercial Colony as also in the common areas and common facilities (he