GAGAN SOFTWARE PVT LTD Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD AND OTHERS
LAWS(P&H)-2016-1-500
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 11,2016

Gagan Software Pvt Ltd Appellant
VERSUS
Haryana State Industrial And Infrastructure Development Corporation Ltd And Others Respondents

JUDGEMENT

- (1.) The petitioner seeks an order directing the respondents to pay interest on the amount deposited by it towards allotment of an industrial plot.
(2.) The petitioner applied for allotment of an industrial plot admeasuring 4050 sq. meters and deposited Rs. 30,37,500/- as application money. Considerable reliance was placed on behalf of the respondents upon clauses 1 and 2 of an undertaking dated 17.09.2008 furnished by the petitioner which read as under:- "1. That we want to take physical possession of the said plot on "as is where is basis" as we want to set up the unit/project on the said plot at the earliest possible, without the development work completed by HSIIDC. 2. That in absence of complete development work/infrastructure facilities (like power, road, water supply, sewerage etc.) we would not lodge any claim whatsoever against HSIIDC."
(3.) The petitioner was allotted plot No. 64 for a consideration of Rs. 2,88,00,000/-. The petitioner paid an amount of Rs. 71,25,000/- towards 25% of the consideration as required by the letter of allotment. An agreement dated 06.01.2009 was entered into between the parties under which the balance amount was payable in five equal half yearly interest free installments of Rs. 37,44,000/- lacs each commencing from 07.05.2009. The petitioner requested the respondents to reschedule the installments. By a letter dated 07.09.2009 the respondents acceded to this request.;


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