w w w . L a w y e r S e r v i c e s . i n



Preity Zinta & Others v/s Ace Housing and Construction Limited & Others


Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- ACE CORPORATION LIMITED [Active] CIN = U51101HR2007PLC036785

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- M I A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204DL2013PTC248344

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- A G L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400WB2008PTC126885

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- M B N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007322

Company & Directors' Information:- V K B S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035435

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- ACE HOUSING AND CONSTRUCTION LIMITED [Active] CIN = U45200MH1996PLC096396

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- S R K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1998PTC008483

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- N A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC192764

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- A & A HOUSING AND CONSTRUCTION PRIVATE LIMITED [Active] CIN = U27101UP1988PTC010107

Company & Directors' Information:- S H A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202DL1996PTC076831

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- M P J CONSTRUCTION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044433

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A R S S V CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202UR2020PTC011198

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- N. B. Y. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201HR2019PTC079172

Company & Directors' Information:- J B F CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45200JK2008PTC002952

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- E H CONSTRUCTION CO PVT LTD [Active] CIN = U45209WB1984PTC037174

Company & Directors' Information:- N AND K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45500CT2020PTC010948

Company & Directors' Information:- A C K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203PN2002PTC017065

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- S K L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201OR2012PTC016144

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- P B S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201WB2004PTC099367

Company & Directors' Information:- J B M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209WB2008PTC124938

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- P K S CONSTRUCTION CO PRIVATE LIMITED [Active] CIN = U45200HP2004PTC027694

Company & Directors' Information:- H D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032183

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200HR2020PTC088988

Company & Directors' Information:- C S CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200MH2020PTC346811

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- D. D. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2008PTC013043

Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

Company & Directors' Information:- H. N. D. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2011PTC015162

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- L K I CONSTRUCTION PVT LTD [Active] CIN = U70101WB1993PTC058304

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- A B HOUSING & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101DL2011PTC214624

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- B B G CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1993PTC059618

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- P S S S K CONSTRUCTION CO PVT LTD [Strike Off] CIN = U45201WB2006PTC107993

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- N B S D CONSTRUCTION PVT. LTD. [Strike Off] CIN = U45201WB1993PTC058364

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- A P G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168160

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- R G M CONSTRUCTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200BR1992PTC004863

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- D L F HOUSING AND CONSTRUCTION LIMITED [Not available for efiling] CIN = U45200DL1981PLC011209

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- ACE (INDIA) PVT LTD [Strike Off] CIN = U74210WB1981PTC034090

Company & Directors' Information:- P N R CONSTRUCTION PVT LTD [Strike Off] CIN = U99999MH2006PTC158802

Company & Directors' Information:- J. K. D. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PB2009PTC033102

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- B H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC193976

Company & Directors' Information:- K L G CONSTRUCTION INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MH2015PTC264933

Company & Directors' Information:- J W CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC198916

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- U N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400PN2014PTC150730

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- G T K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096261

Company & Directors' Information:- J B CONSTRUCTION PVT LTD [Strike Off] CIN = U45200MH2004PTC025668

Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- R M J CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70102UP2010PTC040949

Company & Directors' Information:- M V CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U45400WB1967PTC011413

Company & Directors' Information:- A P L CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031395

Company & Directors' Information:- H AND K CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70200HP2014PTC000633

Company & Directors' Information:- I. A. A. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2011PTC220447

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R M D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC185164

Company & Directors' Information:- A R M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2008PTC185770

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- G-5 CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC265907

Company & Directors' Information:- U P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2014PTC271791

Company & Directors' Information:- V 2 S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC273750

Company & Directors' Information:- A T N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2015PTC288656

Company & Directors' Information:- I G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201DL1996PTC077365

Company & Directors' Information:- P P S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138608

Company & Directors' Information:- S S N V CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142918

Company & Directors' Information:- K. C. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC231726

Company & Directors' Information:- N R D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC244905

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- S A Z CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267130

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A & Z CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70101DL2012PTC231712

Company & Directors' Information:- J M M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR2014PTC021845

Company & Directors' Information:- B & U CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203GJ2013PTC075424

Company & Directors' Information:- U. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201HR2020PTC086153

Company & Directors' Information:- C P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1988PTC043759

Company & Directors' Information:- K P CONSTRUCTION (INDIA) PVT LTD [Strike Off] CIN = U74210WB1985PTC039394

Company & Directors' Information:- T K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210WB1985PTC039731

Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

Company & Directors' Information:- A B G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1986PTC040667

Company & Directors' Information:- G B S S CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201PN2000PTC015546

Company & Directors' Information:- B P CONSTRUCTION CO PVT LTD [Strike Off] CIN = U95201WB1955PTC022488

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

Company & Directors' Information:- A S G CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70200DL1996PTC075278

Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

Company & Directors' Information:- S R S S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC176504

Company & Directors' Information:- B C R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U99999MH1979PTC021005

Company & Directors' Information:- THE CONSTRUCTION CO OF INDIA LTD. [Dissolved] CIN = U99999MH1943PLC007425

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

Company & Directors' Information:- S B CONSTRUCTION CO LTD [Strike Off] CIN = U45208WB1947PLC014904

    Appeal (L) No. 5022 of 2021 in Interim Application (L) No. 196 of 2021 in Suit No. 22 of 2021

    Decided On, 18 March 2021

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE S.J. KATHAWALLA & THE HONOURABLE MR. JUSTICE VINAY JOSHI

    For the Appellants: Mustafa Doctor, Senior Advocate alongwith Gaurav Mehta instructed by Bachubhai Munim & Co., Advocates. For the Respondents: R1, Shanay Shah instructed by Sapana Rachure, Advocates.



Judgment Text

Oral Judgment: (S.J. Kathawalla, J.)1. The present Appeal arises from an Interim Order dated 28th January, 2021 (“the Impugned Order”) passed by the learned Single Judge in Interim Application (L) No. 196 of 2021 in Suit No.22 of 2021. The Appellants are the Original Defendants in the Suit and Respondent No.1–Ace Housing and Construction Limited is the Original Plaintiff (the Appellant No.1 shall hereinafter be referred to as Ms. Zinta, the Appellants shall be hereinafter referred to as the ‘Zintas’ and Respondent No.1 shall hereinafter be referred to as ‘Ace Housing’).2. Ace Housing has filed the captioned Suit against the Zintas inter alia:(a) seeking a decree of specific performance, directing the Zintas to comply with their obligations under the Deeds of Transfer dated 4th February, 2016 (the Deeds of Transfer) executed between the Zintas and ACE Housing in respect of Flat Nos. A/1001, A/1002 and A/1003 (the flats) on the 10th Floor of Quantum Park, Quantum Park CHSL, (the Society), Union Park, Bandra (West), Mumbai – 400 050 by specifically closing the loan account maintained with the Standard Chartered Bank and by further obtaining a no-dues letter.(b) for recovery of a sum of Rs.1,18,80,000/- (Rupees One Crore Eighteen Lakhs and Eighty Thousand Only) comprising of an amount of Rs.90,00,000/- (Rupees Ninety Lakhs Only) paid by the ACE Housing to Mr. Jefery Rodrigues (Mr.Rodrigues / Licensee) on behalf of Zintas towards refund of security deposit under the Leave and License Agreement dated 25th February, 2015 (the Leave and License Agreement) executed between Zintas and Mr.Rodrigues along with an amount of Rs.28,80,000/- (Rupees Twenty Eight Lakhs Eight Thousand Only) being the interest thereon at 16% per annum from 7th August, 2018 to 6th August, 2020.3. Ace Housing filed the captioned Interim Application for the following reliefs :“(a) Pending the hearing and final disposal of the present Suit, this Court be pleased to order and direct the Prothonotary and Senior Master, High Court, Bombay, to forthwith handover the Original Share Certificate Nos. 16, 17 and 18 for the said fats lying in its custody to the Applicant.(b) Pending the hearing and final disposal of the present Suit, this Court be pleased to order and direct the Respondent Society to forthwith transfer the shares in respect of the said fats in favour of the Applicant and record and effectuate such transfer in the Society records.(c) Without prejudice to the above and in the alternative to prayer Clause (b) above, pending hearing and final disposal of the Suit, this Court be pleased to order and direct the Prothonotary and Senior Master, High Court, Bombay, to forthwith handover the Original Share Certificate Nos. 16, 17 and 18 for the said fats, lying in its custody, to the Respondent No. 1 Society, to effect the transfer of shares in the said Original Share Certificate in respect of the said fats in favour of the Applicant.”4. By the Impugned Order, the learned Single Judge has allowed the Interim Application in terms of prayer Clauses (a) and (b) thereof. Being aggrieved by the same, the Zintas have challenged the Impugned Order before us.5. Certain relevant dates and events are set out hereunder :6. The genesis of the dispute between the parties is traceable to the three registered Deeds of Transfer executed between the Zintas and Ace Housing in respect of the fats for valuable consideration of Rs.7,12,59,800/-, by which, Ace Housing became the owner of the fats and obtained possession of the fats from the Zintas. It is an admitted position between the parties that part consideration of Rs.3,00,00,000/- was paid to the Zintas on execution of the Deeds of Transfer and the balance consideration of Rs.4,12,59,800/- was paid on 6th February, 2016.7. Prior to the execution of the Deeds of Transfer, by virtue of a Deed of Loan executed with the Standard Chartered Bank, Zintas had obtained certain credit facilities through Loan Account No. 49003917 (Loan Account) in lieu of which the fats were mortgaged to the bank. It appears that at the time of execution of the Deeds of Transfer, the mortgage was subsisting on the fats. Under the Deeds of Transfer, it was the understanding between the parties that the amounts received from the sale consideration under the Deeds of Transfer, were to be appropriated towards the Loan Account in order to close and settle the same to provide a clear and marketable title to Ace Housing. It is the grievance of the Ace Housing that there was no communication from the Zintas in respect of closure of the Loan Account and that after repeated follow-ups for no dues / no lien letter, Ms. Zinta assured Ace Housing that she was following up with Standard Chartered Bank, repeatedly, and was awaiting issuance of a no-dues letter. It is pertinent to note that at the time of the execution of the Deeds of Transfer, Mr. Rodrigues was residing in the fats as a Licensee by virtue of the Leave and License Agreement in respect of the fats along with two car parking spaces for a term of 36 months. It is for this reason, the Deeds of Transfer record that on execution of the Deeds of Transfer, Mr. Rodrigues would directly pay the monthly license fees to Ace Housing and the Zintas would not object to the same.8. After registration of the Deeds of Transfer, on 5th February, 2016, the Appellants signed the necessary share transfer forms as per the bye-laws of the Society, providing their consent to transfer their shares and interests in the fats in favour of Ace Housing in the records of the Society. On 16th September, 2016, Ace Housing made three (3) separate applications for membership to the Society in respect of the fats. The Society in or around 20th September, 2016 informed Ace Housing that the applications were incomplete in view of certain deficiencies. According to Ace Housing it thereafter followed up with the Society in respect of the deficiencies and the Society vide its letter dated 6th February 2017 requested Ace Housing to submit certain documents as mentioned in its letter to enable the Society to process the membership applications, which inter alia included a no-dues / no lien letter from the Standard Chartered Bank. It is the case of the Ace Housing that it had repeatedly followed up with Ms. Zinta for the no-dues letter. It is the case of Ace Housing that it continues to pay the maintenance bills of the fats.9. It is the pleaded case of Ace Housing that in or around November, 2019, in a meeting held between the Director of Ace Housing and the Manager of Ms. Zinta, Ace Housing was informed that the credit facilities granted by the Standard Chartered Bank were not entirely paid by the Zintas and that there was certain further accrued interest payable on the Loan Account. It is the pleaded case of Ace Housing that several meetings were held between the parties and by virtue of the notice dated 9th March, 2020, the Appellants were called upon to specifically perform their obligations under the Deeds of Transfer by immediately clearing the outstanding loan of the Standard Chartered Bank, and by providing Ace Housing with the no-dues cum no-lien letter.10. Ace Housing addressed an email dated 25th August, 2020 to Standard Chartered Bank seeking details and information of the Loan Account and the outstanding amounts, if any, payable by the Zintas. In response to the said email addressed by Ace Housing, Standard Chartered Bank through its Relationship Manager addressed an email dated 28th August, 2020 refusing to provide any information in respect of the Loan Account. On 31st August, 2020, Ace Housing insisted on details of the Loan Account from Standard Chartered Bank on the ground that it had acquired right, title and interest in the fats pursuant to the execution of the registered Deed of Transfer. Ace Housing has in the Plaint produced a copy of the Master Data of Dhanvantri Holdings Pvt. Ltd. - Appellant No.3, which shows that there exists a charge of Rs.9,74,00,000/- on an immovable asset of Appellant No.3, created on 28th March, 2013 and the said Charge was shown as “open” on the website.11. In this view of the matter, Ace Housing apprehended that Standard Chartered Bank would take steps towards the fats on any default being committed by the Zintas in view of the subsisting charge on the fats. In these circumstances, Ace Housing filed the present Suit. Ace Housing had also filed Interim Application (L) No. 3705 of 2020 (“First Interim Application”) seeking several interim reliefs.12. The First Interim Application was listed before the learned Single Judge on 28th September, 2020. The Order dated 28th September, 2020 passed by the learned Single Judge reads thus :“1. Mr. Doctor appearing on behalf of Defendant Nos.1 to 3 and 5 states that the interim application will be worked out entirely upon his clients disclosing particulars of closure of the loan and that the Defendant No.4 had already issued a certificate confirming closure of the loan account and conveyed that it has no objection to the mortgaged property being dealt with.2. Mr. Shah states, if that be so, he has instructions not to press the interim application.3. In view of the above, I pass the following order :(i) An affidavit shall be filed by Defendant Nos.1 to 3 confirming that Defendant No.4 has closed the loan and has redeemed the mortgage and that the bank has no further claim against the property and annex thereto all documents to support the closure of the mortgage loan.(ii) Let such affidavit be filed on or before 5th October, 2020.(iii) List on 7th October, 2020 for compliance.(iv) This order shall be digitally signed by the Personal Assistant of this Court.”13. Pursuant to this Order dated 28th September, 2020, Ms. Zinta filed her Affidavit wherein she disclosed that by a letter dated 30th May, 2018 (“No Dues Letter”). Standard Chartered Bank had closed the Loan Account and had returned the original title documents to the Appellants, including Share Certificate Nos.16, 17 and 18 in respect of the fats (“the Share Certificates”).14. Since the Loan Account was closed by the Bank, on 12th October, 2020, when the First Interim Application was listed before this Court, Ace Housing pressed for prayer clause (f) of the First Interim Application which reads thus :“(f) In the event the Loan Account No. 49003917 of Defendant Nos.1 to 3 with Defendant No.4 has been closed, then pending the hearing and final disposal of the Suit, this Hon’ble Court be pleased to order and direct Defendant No.4 to forthwith submit all the original title documents viz. Original Share Certificates, etc. in respect of the said Flats to the Applicant.”15. This relief was opposed by the Zintas. In view of the No dues Letter being disclosed by the Zintas, Respondent No.1 sought liberty to carry out necessary amendments to the Interim Application and the Plaint. The draft amendment was permitted by this Court vide its Order dated 21st October, 2020. Standard Chartered Bank who was impleaded in the Suit as Defendant No.4, was deleted as a party and the Suit against Defendant No.4 was withdrawn. The Order dated 21st October, 2020 reads as under :“1. Mr. Shah tenders draft amendments to the interim application. He submits that the amendment is necessary in view of the further developments during the hearing of this interim application, when defendant no. 4 bank confirmed closure of the loan amount.2. In view of the fact that Standard Chartered Bank – defendant no.4 has confirmed closure of the loan. Mr. Shah states that plaintiff has no claim against the said bank and he has instructions to withdraw the suit against defendant no.4. Heard learned counsel for the parties and I pass the following order :(i) Amendment is allowed in terms of draft tendered via email and taken on fle and marked “X” for identification. Amendment to be carried out forthwith in the Plaint and Interim Application. Revivification is dispensed with.(ii) Suit and Interim Application as against defendant no. 4 are dismissed as withdrawn.(iii) Stand over to 26th October, 2020.(iv) This order shall be digitally signed by the Personal Assistant of this Court.”16. On 2nd November, 2020, the First Interim Application came to be disposed of by the learned Single Judge after recording the following :“1. The short controversy in this interim application pertains to share certificates in respect of three fats forming subject matter of the suit. It is not in dispute that the plaintiff have purchased these shares and with them the beneficial interest in the fats. Consideration has passed. However there is a monetary claim that the plaintiff makes against the defendant.2. The defendants have not handed over the share certificates because the fats were said to have been mortgaged and the share certificates were believed to be in the possession of the Standard Chartered Bank which bank has since returned the certificates since the loan account had been closed. The suit as against the bank has been dismissed as withdrawn. The original share certificates are presently in the custody of the defendants.3. In view of the dispute between the parties relating to the monetary claim Mr. Mehta states on instructions that he will deposit the share certificate with the Prothonotary and Senior Master. Mr. Shah states he will make an application to the society for transfer of the shares on the basis of photocopies which the Advocates for the defendant shall provide to the plaintiff’s Advocates on or before 4th November, 2020. Mr. Shah therefore seeks liberty to file a fresh application after impleading the society.4. Mr. Shah further states that defendant no. 5 was joined at the material time being a necessary and proper party. However in view of the further developments, the plaintiff has no claim against defendant no. 5. In view of this I pass the following order :(i) Three original share certificates in respect of all three fats shall be deposited by the defendants’ Advocates with the Prothonotary and Senior Master within one week from today. Upon deposit of the share certificates, they will be retained in safe custody till further orders.(ii) It will be open for the plaintiff to make an application, if so advised, to seek transfer of these shares to the names of the plaintiff.(iii) Suit and interim application against defendant no. 5 is dismissed as withdrawn.(iv) In view of the above Interim Application is disposed.(vi) This order shall be digitally signed by the Personal Assistant of this Court.”17. Accordingly, the Original Share Certificates were deposited in this Court. Pursuant to the Order dated 2nd November, 2020, Interim Application (L) No. 196 of 2021 (“Second Interim Application”) was filed by Ace Housing seeking an order and direction for the Prothonotary and Senior Master to handover the Original Share Certificates lying in his custody to Ace Housing and a further direction for the Society to transfer the shares in respect of the said Flats in favour of Ace Housing and effectuate the same in the Society records. The Second Interim Application proceeds on the basis that pursuant to the liberty granted by the Court on 2nd November, 2020, Ace Housing impleaded the Society as a party to the Second Interim Application. The Second Interim Application according to Ace Housing was filed due to the change in circumstance and the admitted position between the parties in regard to the ownership and possession of the fats with Ace Housing.18. The Second Interim Application was listed before the learned Single Judge on 14th January, 2021, when the Zintas sought time to put in a Reply for opposing the Second Interim Application and thereafter the matter was listed for hearing on 28th January, 2021. On 28th January, 2021, Zintas chose not to file any reply and proceeded to argue the matter. After hearing both the parties, the learned Single Judge passed an Order dated 28th January, 2021, directing the Prothonotary and Senior Master, High Court, Bombay, to handover the Original Share Certificates for the said Flats to Ace Housing and further directed the Society to forthwith transfer the shares in respect of the said fats in favour of Ace Housing and effectuate such a transfer in the Society records.19. As set out hereinabove the said Order dated 28th January 2021, is impugned before us in the present Appeal by the Zintas.20. Mr. Doctor, Learned Senior Advocate, appearing for the Zintas urged that the Impugned Order could never have been passed since a similar relief was prayed for in the First Interim Application and that by Order dated 2nd November, 2020, the Share Certificates were specifically directed to be retained in Court. He further urged that the Order of 2nd November, 2020 only permitted Ace Housing to seek transfer of shares, which did not include handing over of the Original Share Certificates. According to Mr. Doctor, prayer clause (b) prayed for in the Suit is misconceived and if Ace Housing is seeking specific performance of the Deeds of Transfer, then there is no question of them seeking a unilateral rectification thereof in the same breath. Mr. Doctor further contended that the amount of Rs.90,00,000/- referred to in prayer clauses (b) and (c) of the Suit, is interlinked with the sale consideration received by the Zintas and thus, there is no question of releasing the Share Certificates to Ace Housing. Mr. Doctor further submitted that the reliefs claimed in the Suit are barred by the limitation and no interim reliefs could have been granted to Ace Housing.21. Per contra, Mr. Shah for Ace Housing contended that by Order dated 2nd November, 2020, express liberty was reserved for Ace Housing to file a fresh application seeking transfer of shares after impleading the Society and that it is pursuant to this Order that the Second Interim Application was filed. Mr. Shah drew our attention to the relevant portion of the recital G of the Deeds of Transfer which reads thus :“….. Accordingly, the Transferor will intimate to the said Mr. Jefery Rodrigues of the sale and transfer of the said Flat in favour of the Transferee and that the Transferee shall not disturb the use and possession of the said Flat till the expiration of lock in period of the Agreement of Leave and License and the Transferor and the said Ms. Preity Zinta will inform the said Mr. Jefery Rodrigues that the Transferor has transferred the Interest Free Security Deposit of Rs.90,00,000/- to the Transferee and hereafter, i.e. with effect from the date of Deed of Transfer and the said Mr. Jefery Rodrigues shall continue to pay the monthly license fee as mentioned in the said Agreement of Leave and License and in the manner set out herein directly to the Transferee and that the Transferor nor the said Ms. Preity Zinta shall have any objection to the same.”[emphasis supplied]22. Mr. Shah further submitted that the sale consideration already paid to the Zintas under the Deeds of Transfer, has no connection whatsoever to the amount of Rs.90,00,000/- prayed for in prayer clauses (b) and (c) of the Suit since the same pertains to the interest free security deposit paid by Ace Housing on behalf of Ms. Zinta to Mr. Rodrigues (the Licensee). Mr. Shah further drew our attention to the Impugned Order, more particularly paragraph 4 thereof, wherein on a query put to the Zintas, the Zintas had stated that they confirm and stand by the Deeds of Transfer and it is in that view, the learned Single Judge passed the Impugned Order directing the release of the Share Certificates to Ace Housing. Mr. Shah further submitted that there is no dispute that the Zintas have received the entire sale consideration under the Deeds of Transfer and only then Ace Housing was put in possession of the fats by the Zintas.23. We have heard the Learned Counsels for the parties at length and have perused the Impugned Order, the First and Second Interim Applications, the Affidavits filed by the parties and the record pertaining to the Suit. We are of the view that the challenge to the Impugned Order is liable to be rejected for more than one reason.24. Firstly, the genesis of the dispute appears to be the refund of Rs.90,00,000/- claimed by Ace Housing in prayer clauses (b) and (c) of the Suit. The Zintas do not dispute the Deeds of Transfer and the transaction in respect thereof. This was also noted by the learned Single Judge in paragraph 4 of the Impugned Order, which reads thus :“4. Having heard the learned counsel for the parties, I enquired of Mr. Mehta whether the defendant nos. 1 and 2 stand by the transaction of sale which was contemplated in the Suit Agreement to which he answered in the affirmative. In that view of the matter it is obvious that the plaintiff after acquiring the shares and having acquired an interest in the property of the respondent society, the defendants cannot object to the shares being transferred nor can they prevent the plaintiff from applying for transfer. Defendants have not challenged the transaction of sale and purchase, but oppose release of the share certificates because the plaintiff seeks refund of part of the consideration. Pendency of another summary suit between same parties and plea of the present suit that part of the sale price is required to be refunded to the plaintiff is no reason to oppose the release of the share certificates.”(emphasis supplied)25. This position is not disputed even today before us. In the Plaint, Ace Housing has bifurcated its claim in two parts. One being for specific performance of the Deeds of Transfer, more specifically in respect of closing the Loan Account and lifting of the charge and second is in respect of return of the interest free Security Deposit amounting to Rs.90,00,000/- which Ace Housing claims to have paid on behalf of Ms. Zinta to Mr. Rodrigues, the Licensee. On a bare reading of the Plaint it is clear that prayer clauses (b) and (c) in the Suit pertains to the second claim of Ace Housing.26. Recital G of the Deeds of Transfer in our view is expressly clear in regard to the amount of Rs.90,00,000/- payable to Mr. Rodrigues, the Licensee, towards interest free Security Deposit, which as per Recital G was to be paid by Ms. Zinta to Ace Housing at the time of execution of the Deeds of Transfer. This amount was thereafter to be handed over to Mr. Rodrigues by Ace Housing, the Licensee, as and when he vacates the premises.27. On a query put by the Court to Mr. Doctor whether Ms. Zinta had paid this amount of Rs.90,00,000/- to Ace Housing, the response was in the negative. It is an admitted position between the parties that the Deeds of Transfer were executed pursuant to which the right, title, interest and shares of the fats vests in Ace Housing. This is further fortifed by the share transfer forms signed by Zintas, individually, expressing their intention to transfer their respective shares in the fats in favour of Ace Housing. The Zintas also do not dispute receipt of the entire sale consideration under the Deeds of Transfer. In this view of the matter, on an independent assessment of Recital G of the Deeds of Transfer, it is clear that the sum of Rs.90,00,000/- in regard to the interest free Security Deposit is unconnected and not interlinked to the sale consideration paid by Ace Housing to the Zintas.28. Mr. Shah for Ace Housing makes a statement on instructions that the sum of Rs.90,00,000/- with interest prayed for in prayer clauses (b) and (c) of the Suit is unconnected to the sale consideration paid by Ace Housing to the Zintas and that Ace Housing is not seeking any refund of the sale consideration already paid to the Zintas. This statement is accepted. In that view of the matter, the contentions raised by the Zintas vis-a-vis that Ace Housing is seeking refund of the sale consideration is misconceived and must fail.29. Ace Housing having purchased the fats and having paid the entire consideration to the Zintas, must receive the benefits attached thereto, which includes the custody of the Original Share Certificates. The learned Single Judge has rightly recorded the following in paragraph 5 of the Impugned Order :“5. Having purchased the suit fat and having paid the entire consideration, share certificates are now required to be released to the plaintiff. All defences to the plaintiffs’ claim for refund of part of the consideration can be taken up in the written statement. The prayer in this Interim Application is only for release of the share certificates in order to facilitate transfer of shares. Transfer of the shares per se is not being opposed by the defendant nos. 1 and 2 and in that light of the matter it is obvious that the relief must be granted. Accordingly, I pass the following order :”[emphasis supplied]30. Even today, the Zintas have per se not opposed the transfer of shares. Moreover, the Zintas have no claims against Ace Housing in respect of the suit transaction. For the reasons recorded above, the submission of the Zintas that the Share Certificates must be retained in Court is liable to be rejected. This is simply because the Zintas cannot indirectly retain a charge on the fats, which they have admittedly sold to Ace Housing under validly executed and registered Deeds of Transfer, under which the Zintas have received the entire sale consideration.31. In the First Interim Application, prayer Clause (f) thereof was prayed for directing the bank to release the Share Certificates to Ace Housing. Pursuant to the statement made by the Zintas before the Learned Single Judge on 28th September, 2020 and the Affidavit filed by Ms. Zinta, Ace Housing learnt that the Share Certificates are now in the custody of the Zintas and not the bank. In view of this change in circumstances, a modification to the interim relief, prayer Clause (f), was warranted. This was rightly addressed by Ace Housing by carrying out the necessary amendments by introducing prayer Clause (f1) which reads thus :“(f1) In view of the fact that loan account of Defendant Nos. 1 to 3 with Defendant No.4 has been closed and all original documents including the original Share Certificates have been returned to Defendant Nos. 1 to 3, pending the hearing and final disposal, this Court be pleased to order and direct the Defendant Nos. 1 to 3 to forthwith submit the original Share Certificates in respect of the said fats to the Applicant.”32. The learned Single Judge in the Order dated 2nd November, 2020 reserved the liberty of Ace Housing to implead the Society and to file a fresh application seeking transfer of shares, if so advised. Accordingly, Ace Housing filed the Second Interim Application, wherein it produced the no objection of the Society to transfer the shares of the fats in the name of Ace Housing subject to production of the original Share Certificates. Nowhere does the Order dated 2nd November, 2020 reject prayer Clause (f1). In fact, the learned Single Judge had directed that the Share Certificates be deposited with this Court until further orders. Ace Housing was accordingly granted liberty to file a fresh Interim Application after impleading the Society.33. If the Zintas have received the entire sale consideration under validly executed and registered Deed of Transfer, in furtherance to which it has (i) signed the necessary share transfer forms in favour of Ace Housing and (ii) handed over possession of the fats to Ace Housing, then it beggars’ belief that on what basis can the Zintas contend that the Share Certificates must be retained in Court. The Zintas have no right over the Share Certificates and the same has been rightly directed to be handed over to Ace Housing.34. Mr. Doctor’s submission that the Suit is barred by limitati

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on also does not take the Zintas case any further. The peculiar facts and circumstances of the present case itself entitles Ace Housing to the interim relief as prayed for. If the no dues letter was received by the Zintas on 30th May, 2018, the Zintas were bound to inform and handover the Share Certificates to Ace Housing in terms of the Deeds of Transfer. However, the Zintas chose not to do so. It is only on 28th September, 2020, when the matter was moved for ad-interim reliefs before the learned Single Judge, did the Zintas for the first time informed Ace Housing that the Loan Account had been closed and pursuant thereto, filed an Affidavit placing on record the no-dues letter. There is nothing placed on record by the Zintas which would indicate that Ace Housing was informed that the bank had issued a no-dues letter, and / or that the original Share Certificates were in the custody of the Zintas since May, 2018.35. The learned Single Judge has rightly applied the tests of balance of convenience, irreparably injury and prima facie case in favour of the Ace Housing. Ace Housing has purchased the fats under the registered Deeds of Transfer and has paid valuable consideration to the tune of Rs.7,12,59,800/- to the Zintas. The Zintas have admitted receipt of the entire sale consideration and they stand by the sale transaction. In furtherance to the Deeds of Transfer, the Zintas have also signed Share Transfer Forms in favour of the Ace Housing. The Share Certificates therefore must be handed over to the Ace Housing. We are of the view that the Zintas cannot take advantage of their own wrong and plead bar of any law to frustrate the proceedings before this Court.36. By virtue of the statement made by the Zintas before the learned Single Judge on 28th September, 2020, and the no-dues letter dated 30th May, 2018 being placed on record, the relief of Ace Housing for specific performance of the Deeds of Transfer was effectively worked out (prayer Clause (a) in the Suit). However, that in our view also includes completing the transfer of shares in the fats in the name of Ace Housing by handing over the original Share Certificates to Ace Housing. The learned Single Judge has rightly recorded the factum of the transfer of shares, rights and interests in the fats in favour of Ace Housing in paragraph 1 of the Order dated 2nd November, 2020 and paragraphs 4 and 5 of the Impugned Order. In this view of the matter, the contention urged by the Zintas that the Suit is barred by limitation, does not appeal to us.37. In paragraph 5 of the Impugned Order, the Learned Single Judge has reserved the liberty of the Zintas to take the necessary contentions in the Written Statement, which protects the Zintas’ grievance qua the amount of Rs.90,00,000/- with interest prayed for by Ace Housing in prayer Clauses (b) and (c) of the Suit.38. In the facts and circumstances of the present case, we find no infirmities in the Impugned Order.39. In view of the aforesaid discussion, we find no merit in the Appeal and the same is dismissed with no order as to costs.
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