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M/s. S & S Green Projects Private Limited v/s V. Sudhakar


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- GREEN INDIA CORPORATION LIMITED [Strike Off] CIN = U01122HP1997PLC020210

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- S C T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2008PTC184418

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- GREEN INDIA PROJECTS LIMITED [Active] CIN = U45201OR2000PLC006097

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- H. K. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2007PTC116467

Company & Directors' Information:- D M C PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140WB2005PTC105972

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- J Y R PROJECTS PRIVATE LIMITED [Active] CIN = U70109TG2021PTC153917

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- GREEN COMPANY PRIVATE LIMITED [Strike Off] CIN = U29141TN2013PTC093965

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

Company & Directors' Information:- A AND J GREEN INDIA LIMITED [Dissolved] CIN = U99999MH1938PTC002830

    C.M.A. Nos. 1140, 1141 of 2019 & CMASR 41536 of 2019

    Decided On, 24 January 2020

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE M.S. RAMACHANDRA RAO & THE HONOURABLE MR. JUSTICE K. LAKSHMAN

    For the Petitioner: M.V. Durga Prasad, Advocate. For the Respondent: E. Ajay Reddy, Advocate.



Judgment Text


M.S. Ramachandra Rao, J.

1. In these two appeals, common order dated 29.11.2019 in A.O.P.Nos.1 of 2019 and 3 of 2019 passed under section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') by the XV Additional District Judge-cum-II Additional Family Judge, Ranga Reddy District at Kukatpally, are challenged.

2. The appellant in these appeals filed under Section 37 of the Act, is the respondent in A.O.P.No.1 of 2019 and the applicant/petitioner in A.O.P.No.3 of 2019.

3. For the sake of convenience, the parties will hereinafter be referred to as per their array in these appeals.

4. The appellant is a Developer and respondent is the owner of land in Sy.No.21 of Khajaguda village, Serilingampally Manal, Ranga Reddy District of extent Ac.5.38 gts.

5. The respondent had sold about Ac.3.21 gts out of the said land as plots to various persons and about Ac.0.09 gts was transferred by respondent to his brother and 0.16 gts was transferred by respondent to his brother's wife.

6. After negotiations, separate Development Agreements dated 05.09.2005 (registered Doc.No.13140/2005) and 21-09-2005 (registered Doc.No.14049/2005) wee entered into by respondent's brother and wife with the appellant for development of the said land by building residential apartments etc., and it is alleged by appellant that a sum of Rs. 30,50,000/- was paid as refundable deposit to them.

7. Appellant also contends that respondent received on various dates Rs. 1,46,10,000/- as advance repayable with interest from the appellant with a promise to bring all the plot owners under the development scheme as agent and partner of the appellant; that respondent obtained separate Development Agreements-cum-General Power of Attorney from all the individual plot owners, who had purchased the plots from him, and a Memorandum of Understanding dated 10-05-2006 was entered into between the parties. According to the appellant, respondent was offered 24% share of the developed area and he also was agreed to join as partner in the Project. Subsequently, another Development Agreement-cum-General Power of Attorney dated 14.05.2006 (Doc.No.10975/2006) was entered into between the parties in respect of the land acquired by respondent as agent/partner on behalf of and for the purpose of appellant wherein the respondent acted as G.P.A. holder of the plot owners in the said Development Agreement-cum-General Power of Attorney for the purpose of binding them.

8. There is also a reference to single and composite Supplementary Agreement dated 26.07.2007 earmarking the shares under all the Development Agreements including the Development Agreement-cum-General Power of Attorney (DGPA) dated 14.05.2006, under which different parts of 'A' schedule property were brought under the Development Scheme.

9. It is also stated that a further Supplementary Agreement dated 23.08.2008 being Doc.No.6904/2008 was entered into to include an extent of Ac.0.02 gts. abutting the 'A' schedule land which was obtained from the State Government subsequently in 2008.

The contentions of the appellant

10. According to the appellant, the respondent did not provide any land for access road as required under Clause-3 of the DGPA dated 14.05.2006, and on 10.01.2008, the Cyberabad Development Authority permitted laying of road on 24.03.2008 after the Government issued a Memo on 24.03.2008. But before the appellant could lay the road, the Hon'ble Lokayukta suspended the order on 11.06.2008 and later modified it only on 26.09.2008 directing construction of two additional culverts; that appellant spent Rs. 40.00 lakhs to lay the culverts and a road and thereafter the Lokayukta closed the case on 27.01.2009; for laying a road, the appellant had to spent Rs. 1.00 crore and it took 3 years; that on account of the Lokayukta case, permission obtained by the appellant from various Departments in 2007 including Fire Services stood suspended and after the Lokayukta's disposal of the matter, the appellant submitted application for additional 10 floors and obtained permission on 23.10.2009.

11. Reference was also made by appellant to O.S. No. 1882 of 2009 filed by two of the plot owners before the Additional Senior Civil Judge, Ranga Reddy District, who obtained an ex parte injunction on 29.09.2009, which came to be vacated only on 11.11.2009. According to the appellant, the said suit was dismissed for default on 28.07.2017.

12. According to the appellant, it started construction on 11.04.2008 but the construction was disturbed frequently and had to be stopped on account of litigation and interim orders passed therein; two other plot owners, after taking delivery of possession of the apartments allotted to their share, initiated proceedings before the Revenue Divisional Officer seeking cancellation of mutation in favour of respondent for the 'A' schedule property on 13.04.2016, which was allowed on 26.05.2018; the same plot owners made a representation to the GHMC on 17.09.2016 for cancellation of permission granted in respect of 'A' schedule property and also filed W.P.No.34960 of 2016, which was disposed of on 19.10.2016 directing the GHMC to hear both parties and pass orders, and the GHMC dismissed it on 10.07.2017.

13. According to the appellant, it had received Service Tax Demand Notice by the concerned Department to the tune of Rs. 2,34,29,122/- in respect of the owners share, but the respondent had ignored the same and did not pay the same.

14. The appellant contended that Occupancy Certificate for the first block was issued on 04.08.2015, but the Occupancy Certificate for the second block could not be issued because one of the plot owners filed O.S. No. 1585 of 2017 before the IX Additional Senior Civil Judge, Ranga Reddy District and on 22.03.2018, the said Court directed the GHMC to maintain status quo.

15. The appellant alleged that respondent sent a legal notice on 16.04.2019 making false allegations and claims in order to avoid discharge of his obligations as agent and partner, having made the appellant to complete all his obligations by completing the construction with its funds.

16. According to the appellant, the respondent is liable to:

(i) repay to the appellant the amount advanced to him from time to time;

(ii) pay to the appellant for the capital which he could not contribute as a partner should also be paid to the appellant with interest @ 18 % p.a.;

(iii) pay to the appellant the amounts payable under the Development Agreement-cum-General Power of Attorney which the respondent was supposed to pay, but which the appellant had paid on his behalf;

(iv) the respondent has to pay to the appellant for the additional specifications availed over and above the agreed specifications for 51 flats in Block-A and 44 flats in Block-B fallen to the share of the owners under Supplementary Agreement and also for conversion of 4 flats from ordinary to duplex and vice versa as per Clause-12 of the Supplementary Agreement;

(v) that he had also to contribute Rs. 1.00 lakh per flat towards water and electricity service connection charges under Clause-14 of the Supplementary Agreement and also to compensate the appellant for the loss it suffered on account litigation in respect of the land and prohibitory orders passed and the consequent delays and cost escalation.

According to the appellant, the respondent is liable to pay Rs. 54,25,28,133/-.

The contentions of the respondent

17. It is the contention of the respondent, on the other hand, that the appellant did not complete the construction and development of 60% of the total built up area within the period of 2 years with a grace period of 6 months as agreed between the parties and that the appellant did not also deliver balance 40% of the total Project in the shape of residential flats within 3 years from the date of obtaining building permission with a grace period of 6 months.

18. He contended that the appellant had completed the construction of Block-A and handed over respondent's share only on 04.08.2015 instead of 22.04.2012, that constructed area of respondent in Block-B was delivered only on 26.03.2019 instead of 22.04.2012 and though Occupancy Certificate for Block-A was obtained by the appellant, it did not obtain Occupancy Certificate for Block-B.

19. It is also alleged that Block-C, which should have been completed on 22.04.2013, is still under construction and possession thereof was not delivered and Occupancy Certificate was also not obtained.

20. It is contended that the appellant only constructed internal walls but left the finishing works in almost all the flats which fell to the share of respondent in Block-C and the said flats are only bear shells.

21. It is alleged that the appellant was alienating all the completed flats in Block-A which fell to its share without simultaneously completing and handing over the flats fell towards the share of respondent and that the appellant had committed breach of the agreed terms and conditions of the agreement between the parties.

22. According to the respondent, the appellant has to pay him Rs. 7,26,94,080/- as penalty/compensation for the delay in delivery of residential apartments which fell to the share of the respondent in Blocks-A, B and C.

23. He also alleged that appellant had already alienated 31 flats to various purchasers and other 60 flats which fell to the share of the appellant are also sought to be sold leaving the respondent without ability to sell the flats allotted to his share. He also claimed to have advanced Rs. 1,54,00,000/- to the appellant between 2008-09.

The relief sought in A.O.P 1 of 2019 by the respondent against the appellant

24. A.O.P. No. 1 of 2019 was filed by respondent against the appellant for the following reliefs:

"a) To restrain the respondent from alienating, conveying and transferring the petition schedule 'B' property to third parties or creating any sort of encumbrance and third party interest in and over the same.

(b) to appoint an Advocate-Commissioner by issuing warrant to him to note down the physical features of the existing unfinished construction/structure in the petition 'B' & 'C' properties with a direction to take out the photographs of the same, to submit the report along with the photographs and negatives.

(c) To direct the respondent to furnish Security for an amount of Rs. 7,26,94,080/- to the petitioner towards penalty/compensation on account of delay committed on the part of the respondent in delivering the Residential flats fell towards the share of the petitioner in Blocks-A, B & C.

(d) and to pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

The relief sought in A.O.P 3 of 2019 by the appellant against the respondent

25. The appellant filed A.O.P.No.3 of 2019 for the following reliefs:-

"i) to issue a temporary injunction against the respondent restraining the respondent, his agents, purchasers and principals (in respect of whose plots he entered into development agreement-cum-GPA dated 14.05.2006 with the petitioner), from anyway dealing with any third party in respect of the petition-B schedule flats, situated in petition A schedule property, by way of alienating or entering into any agreement or transaction of sale, lease, gift, mortgage, charge or for carrying out interior works or inducting into possession or registering any document or otherwise, in any manner whatsoever, pending appointment of the Arbitrator and before, during and after Arbitration proceedings and pass such other order as this Hon'ble Court may deem fit and proper in the circumstances of the case.

ii) To direct the respondents to hand over all original documents, including the original sale deeds, supplementary agreements and all other documents entered into by him in respect of the plots covered by Development Agreement-cum-GPA dated 14.05.2006 bearing Doc.No.10975/2006 and Supplementary Agreements dated 26.07.2007 and 23.08.2008 and all the documents and details with regard to the litigation thereof and settlements, if any, entered into by the respondent.

iii) to direct the respondent to furnish all other information and documents required for settlement of accounts, to the petitioner.

iv) Costs of the O.P. be awarded.

v) Any other and further relief or reliefs as this Hon'ble Court may deem fit and necessary in the circumstances of the case."

The events which transpired in the Court below

26. Both parties filed counter-affidavits in A.O.Ps., denying the allegations leveled by other party.

27. Both these A.O.Ps. were heard together by the Court below.

28. According to the counsel for both sides, the parties had filed 143 documents in the Court below. The appellant also claimed to have filed written arguments in the matter, copy of which are filed in both the appeals.

29. The Court below, however, did not mark any of the documents filed by both sides.

30. It wrote a brief common order on 29.11.2019 in both O.Ps running into 26 paragraphs dismissing A.O.P.No.3. of 2019 and partly allowing A.O.P.No.1 of 2019 and granting relief to the respondent in respect of relief-(a) i.e. injunction to restrain the appellant from alienating, conveying and transferring the 'B' schedule property to third parties or creating any sort of encumbrance and third party interest over the A.O.P. schedule property.

The consideration by the Court

31. The counsel for the appellant contended that the common order in the AOPs cannot be sustained since the Court did not advert to and consider the pleas of the appellant.

32. The counsel for the respondent sought to support the order passed by the Court below.

33. A reading of the said common order in both the AOPs shows that the actual reasoning of the Court below is contained in paragraphs-20 to 24 i.e. 5 paragraphs. There is no consideration of the contentions of the appellant including written arguments filed by the appellant in the Court below.

34. When the matter relates to development of large extent of land and construction of several apartments in t

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hree blocks, and when the appellant is claiming large sum of Rs. 54.25 crores, and the respondent is claiming Rs. 7.26 crores, the Court below ought to have properly considered the contentions of both sides and come to the conclusion after marking documents filed by both sides and referring to and considering the pleas by both parties. The failure of the Court below to deal with the matter on the above lines vitiates it's common order in the AOPs. 35. Accordingly, the appeals are allowed; common order dated 29.11.2019 in A.O.P.No.1 of 2019 and A.O.P.No.3 of 2019 is set aside; and both appeals are remitted back to the Court of the XV Additional District Judge-cum-II Additional Family Judge, Ranga Reddy District at Kukatpally. The said Court: (a) Shall mark all the documents filed by both sides in the A.O.Ps.; (b) Shall refer to and consider the arguments (both oral and written filed by both parties) and consider the respective contentions in more detail; (c) Shall provide a hearing to both parties afresh; and (d) Shall then pass a fresh reasoned order within three (03) months from the date of receipt of a copy of this order. 36. We had suspended the order dated 29.11.2019 in A.O.P.No.1 of 2019 on 07.01.2020 while reserving orders in the C.M.As., and the said suspension shall continue pending disposal of the A.O.Ps., by the Court below. 37. We make it clear that we have not expressed any opinion on the merits of the contentions of either party. 38. Pending miscellaneous petitions, if any, shall stand closed. No costs.
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