M/S. MANAS SHELTERS PVT. LTD. Vs. MADHAVLAL NARAYANLAL PITTIE AND OTHERS
LAWS(BOM)-2017-3-305
HIGH COURT OF BOMBAY
Decided on March 14,2017

M/S. Manas Shelters Pvt. Ltd. Appellant
VERSUS
Madhavlal Narayanlal Pittie And Others Respondents

JUDGEMENT

- (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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