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2003 Supreme(Ker) 24

K.PADMANABHAN NAIR
Vincent – Appellant
Versus
Housing & Urban Development Corporation – Respondent


Judgment :-

1. Three strangers who filed a petition to get themselves impleaded in O.A. No. 42 of 2001 pending before the Debts Recovery Tribunal, Ernakulam are the petitioners in this Original Petition. In the petition it is averred that the petitioners entered into an agreement with one Ajith Associates Private Limited, a Company which is engaged in developing plots and constructing flats in Vyttila and Ernakulam. It is averred that the petitioners were allotted apartments in a multistoreyed complex which remains incomplete and the construction of which was undertaken by the Ajith Associates Private Limited in pursuance to the sale agreements. It is averred that the petitioners have paid the full amount which was due to the developer of the plot but he did not complete the construction and on enquiry it is understood that the Housing and Urban Development Corporation Ltd. (HUDCO for short) has filed an Original Application as O.A. No. 42 of 2001 before the Debts Recovery Tribunal, Ernakulam and that case was pending. According to them, the Company is only a contractor for the construction of the flats to be constructed for and on behalf of the petitioners. It was contended that t





































































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