PANKAJ BHANDARI,J. - (1.) Appellant has preferred this D.B. Civil Misc. Appeal aggrieved by Order dated 12.09.2019 passed by Commercial Court No.1, Jaipur, whereby Temporary Injunction application filed by the respondent-plaintiff was allowed and appellant-defendant was restrained from acting upon the Memorandum of Understanding (hereinafter referred as 'MOU') dated 08.04.2019 till the final disposal of the suit.
(2.) Succinctly stated the facts of this case are that a civil suit was filed by the respondent-plaintiff seeking directions for completion of sale transaction between plaintiff and defendant. It was averred in the suit that the defendant is engaged in the business of construction of shopping malls and commercial complexes and is the owner of land measuring 5402 square meters for which patta was duly issued by Jaipur Development Authority for Plot No.C-3, Mahal, Jaipur. Appellant-defendant conceived a project in the name and style of "Lotus Paradise Mall". Later, the name and style of the project was changed to "Vivacity Mall". It was further averred that the defendant demonstrated before the plaintiff that the aforesaid mall shall also have a space for multiplex theatres at fifth and sixth floor and after several rounds of negotiations, defendant agreed to transfer the space situated at fifth and sixth floor against the consideration of Rs.6,01,00,000/- (Rupees Six Crore and One lakh Only). Plaintiff made a payment of Rs.21 lac as advance money vide cheque dated 06.10.2014. A receipt was issued by the director of the defendant company which reads as follows:- "Received cheque as above and cash Rs.11,000/- (Rupees Eleven Thousand) Lotus Paradise, Mahal Road, Jagatpura (Lotus Buildestate Pvt. Ltd.) Total Fifth and Sixth Floor Outright Sale For Rs. 6,01,00,000/-(Six Crore and One lakh only) and payment terms 50% at the time of completion of and opening of Multiplex and 50% during the completion work. Agreement to be done within fifteen days from now. Parking as per norms, Cam (Common Area Maintenance) will not be more than Rs.60,000/- (Rupess Sixty Thousand Only) per month".
(3.) It was further pleaded in the suit that the defendant has entered into a MOU dated 08.04.2019 with M/s NY Cinemas LLP. It is relevant to mention here that in the suit, M/s NY Cinemas LLP was not impleaded as a party as no relief was sought from it.;