DIVYESH CONSTRUCTION PVT. LTD. Vs. VIRSEN B. SOLANKI

JUDGEMENT

(1.) By this chamber summons, the applicants seek impleadment as parties defendant Nos. 2 and 3 in the suit filed by the plaintiffs, which is filed inter-alia praying for specific performance of the Memorandum of Understanding dated 28th April, 2006, for a declaration that the said Memorandum of Understanding is valid, subsisting and binding between the plaintiffs and defendant and for further declaration that the purported termination dated 5 th January 2011 is illegal, invalid and binding on the plaintiffs. Some of the relevant facts for the purpose of deciding this chamber summons are as under;

(2.) On 28th April, 2006 the plaintiffs and defendant entered into the Memorandum of Understanding, by which, the defendant agreed to sell the suit property, described in Exhibit-"A" of the plaint. In the said suit, it was the case of the plaintiffs that the plaintiffs have made payment to the defendant of large amount and complied with their part of the obligation of the terms and conditions of the said Memorandum of Understanding. The defendant purported to terminate the said Memorandum of Understanding dated 28th April, 2006 by issuing Notice dated 5 th January, 2011. On 27th January, 2011, the plaintiffs filed the suit bearing Suit No.216 of 2011 against the defendant for various reliefs summarised aforesaid. On 27th July, 2011 this Court appointed the Court Receiver, High Court, Bombay in respect of the suit property.

(3.) In the month of June 2014, the applicants filed this Chamber Summons inter-alia praying for impleadment as defendants No. 2 and 3, which is opposed by the plaintiffs by filing affidavit-in-reply. The applicants have filed affidavit-in- rejoinder to the said affidavit-in-reply.