GOLD ENTERPRISES A FIRM CONSTITUTED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, 1932 REPRESENTED BY ITS PARTNERS MR. MOHAMMED SHABBIR AND MRS. NIKAT SHABBIR Vs. SIRAJ REHAMATHULLA AND M/S. SATTVA DEVELOPERS PRIVATE LIMITED (SATTVA GROUP)

JUDGEMENT

(1.) HEARD the learned counsel appearing for parties. It appears that a dispute is pending before the Trial Court in the suit filed by the respondents on the ground that respondents herein have paid an advance amount of Rs. 2.57 Crores to the appellants to reserve two flats.

(2.) THE grievance of the plaintiffs/respondents is that all the 56 flats have been sold based on Power of Attorney. The order passed by the Civil Court is appealable before the District Court and not before the High Court. It is further submitted that there is admission by the defendants/appellants in the written statement regarding payment of money and also submitted that appeal is not maintainable and sufficient duty has been paid.

(3.) HAVING heard the learned counsel for the parties, might be with regard to irregularities and insufficient stamp paper the matter could not be adjudicated in course of time. To decide the lis between the parties and to protect the interest of the parties, it is for the appellants herein to extend Bank Guarantee to the said amount of Rs. 1.50 Crores within four weeks from today and it is hereby ordered that on such assurance, the matter could be expedited before the Trial Court. All the contentions are kept open to be urged before the Trial Court. Accordingly, the appeal is disposed of.