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2021 Supreme(Ori) 34

S.MURALIDHAR, B.P.ROUTRAY
Mani Tirumala Projects Pvt. Ltd. – Appellant
Versus
All Odisha State Bank Officers Housing Co-operative Society Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Chidambaram Senior Advocate along with Mr. Kunal Vajani, Mr. A. Mishra, Mr. A. Kejriwal, Mr. A. Parija and Mr. S. Bose, Advocates.
For the Respondents:Mr. Manas Mohapatra Senior Advocate along with Mr. P.C. Nayak, Advocate.

JUDGMENT :

S. Muralidhar, J.

1. This writ appeal is directed against the order dated 17th March, 2021 passed by the learned Single Judge disposing of the Appellant’s Writ Petition (Civil) No.8533 of 2019.

2. The background facts are that, the Appellant is a Company engaged in the business of construction. It entered into an Agreement for Sale on dated 22nd August, 2008 with the Respondent No.1-Society, in terms of which it agreed to construct at its own cost and make over to the Respondent No.1 – Society and/or its members a total of 148 residential apartments along with common facilities, dedicated car parking spaces, etc. on an area of 2.03 acres out of a total area of 10.15 acres located in mouza Kalarahanga, P.S. – Chandrasekharpur, Nandan Kanan Road, Bhubaneswar.

3. A Deed of Conveyance dated 10th December, 2009 was registered, in terms of which the total area of land was conveyed by Respondent No.1 in favour of the Appellant. This was followed by a Deed of Rectification dated 18th October, 2014. In terms of these three documents, the Appellant had also agreed to pay a sum of Rs.18 crores to the Respondent No.1-Society. There were certain other conditions, which need not be examin

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