M/S. MANAS SHELTERS PVT. LTD. Vs. MADHAVLAL NARAYANLAL PITTIE AND OTHERS
HIGH COURT OF BOMBAY
M/S. Manas Shelters Pvt. Ltd.
Madhavlal Narayanlal Pittie And Others
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(1.) Heard learned Counsel for the parties.
(2.) This notice of motion is taken out under Order 39 Rule 4 of the Code of Civil Procedure, 1908 ("Code") for various reliefs, including the relief in
prayer(a), namely, for recall, discharge or modification of the order passed
by this Court on 15 June 2015 in Notice of Motion (L) No.2370 of 2014 in
Suit (L) No.994 of 2014 taken out by the Plaintiff. Learned Counsel for the
Appellant (original Defendant No.1) presses only prayer(a).
(3.) The prayer is on the footing, firstly, that there were some documents suppressed by the Plaintiff when he applied for interlocutory reliefs under
Notice of Motion (L) No.2370 of 2014. Learned Counsel for Defendant
No.1 referred to the supplementary agreement dated 16 December 2003.
This supplementary agreement purportedly deals with the question of
additional consideration of Rs.21,00,000/- payable by the Plaintiff to
Defendant No.1. The agreement provides a rationale for payment of
Rs.21,00,000/- in addition to the original consideration of Rs.88,00,000/-
fixed under the development agreement. It is submitted that this
additional consideration was purportedly provided for in pursuance of
clause 22 of the development agreement which cast the liability to
discharge all taxes, assessment etc. raised by any authority in connection
with the development agreement between the parties on the Plaintiff. This
agreement is suppressed by the Plaintiff, according to learned Counsel for
Defendant No.1. It is submitted that the Plaintiff, by suppressing this
document, had contended before the Court that the additional
consideration of Rs.21,00,000/- was towards Defendant No.1 undertaking
certain obligations to MHADA, which were of the Plaintiff under the
original development agreement.;
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