JUDGMENT

Prathiba M. Singh, J.

IA Nos. 9496/2015 (Stay) and 1196/2019 (for clarification of order dated

18.12.2018)

1. The present suit is in respect of VIJAYA Building, 17, Barakhamba Road, New Delhi-110001 (hereinafter „building‟). The Plaintiff – VIJAYA Building Apartment Owners‟ Association (hereinafter „Association‟), is an association formed by various apartment/flat owners of the building. The Association was registered on 9th November, 2012. It has filed the present suit against M/s. Ardee Housing Pvt. Ltd. (hereinafter „Ardee‟) and M/s. Gujaral Estates Pvt. Ltd. (hereinafter „Builder‟) seeking declaration, permanent and mandatory injunction.

Brief Facts

2. The case of the Plaintiff Association is that the Builder had entered into a collaboration agreement dated 6th January, 1978 (hereinafter „Collaboration Agreement‟) with Dr. Ms. Vimla V. Gujral and her daughters (`Owners‟) for raising construction of multi-storied commercial building.

The broad terms of the said collaboration agreement are:-

 The Builder had to demolish the existing super-structure and after obtaining requisite permissions and approvals construct a multi- storied commercial building by the name VIJAYA Building