MONO ORION FOODS INDIA PRIVATE LIMITED Vs. SYNDICATE REALITYINFRA PRIVATE LIMITED

JUDGEMENT

(1.) The defendant has filed an application being G.A. No. 2 of 2022 in C.S. (Com) No. 593 of 2024 (Old No. C.S. 165 of 2021) for dismissal of suit for the reasons that:

(2.) Mr. Abhrajit Mitra, Learned Senior Advocate representing the defendant submits that the plaint does not state that the plaintiff is not entitled to claim specific performance of the entire contract for any of the reasons contemplated in Ss. 12(2), 12(3) or 12(4) of the Specific Relief Act, 1963.

(3.) Mr. Mitra further submits that the Power of Attorney previously granted to Mahesh Kumar Agarwal is expressly not for development of the subject premises. The Power of Attorney was not an irrevocable. The Power of Attorney which is not expressly made irrevocable in a manner known to law is essentially determinable/ revocable. In support of his submissions, he has relied upon the judgment in the case of Suraj Lamp and Industries (P) Limited (2) Vs. State of Haryana and Anr. reported in (2012) 1 SCC 656 and in the case of Indira Rajguru of United Kingdom, Indian Origin Vs. Balakrishna K. Rajguru of United Kingdom and Australia, Indian Origin and Others reported in 2019 SCC OnLine Bom 235.