MADHAV PRASAD AGGARWAL Vs. AXIS BANK LTD

JUDGEMENT

(1.) Leave granted.

(2.) These appeals take exception to the common judgment and order passed by the High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction) in Appeal Nos.360, 361, 362 and Commercial Appeal No.172 of 2017 dated 26th October, 2018, whereby the notice of motion(s) filed by respondent No.1- Axis Bank Ltd. (one of the defendant in the suits filed by the respective appellant(s)) came to be allowed and as a result of which, the suit filed by the concerned appellant(s) had been dismissed as against respondent No.1-Axis Bank Ltd., by invoking the provisions of Order 7 Rule 11(d) of the Civil Procedure Code (for short "CPC").

(3.) The appellant(s) being the original plaintiff(s) in the respective suit(s) wanted to purchase flats in a project known as 'Orbit Heaven' (for short "the project") being developed by Orbit Corporation Ltd. (In Liq.) (for short "The builder"), at Nepean Sea Road in Mumbai and in furtherance thereof parted with huge amounts of money to the builder ranging in several crores although the construction of the project was under way. The appellant(s) had started paying installments towards the consideration of the concerned flats from 2009. Admittedly, no registered agreement/document for purchase of concerned flats has been executed in favour of respective appellant(s). The appellant(s), however, would rely on the correspondence and including the letter of allotment issued by the builder in respect of concerned flats - to assert that there was an agreement between them and the builder in respect of the earmarked flat(s) mentioned therein and which had statutory protection.