SH. ARUN JAITLY Vs. ISHWAR INDUSTRIES AND ORS.

JUDGEMENT

(1.) PLAINTIFF filed this suit under Order 37 of the Civil Procedure Code (hereinafter referred to as CPC) for recovery of Rs. 28,30,000/ - against the defendants along with interest @18% per annum from the date of institution of the suit till realisation. Defendant No. 3 being a bank was a proforma party and its name was deleted from the array of parties vide order dated 6.9.1990 and this Court ordered the registration of the suit under Order 37 CPC. Summons in the prescribed proforma were duly served upon the defendants. Both the defendants filed their application for leave to defend. The defendants were granted unconditional leave to defend the present suit.

(2.) BRIEFLY narrated, the case of the plaintiff is that he is an architect and developer by profession. Defendant No. 1 engaged professional services of the plaintiff. An agreement dated 8.1.1985 was executed between defendant No. 1 and Sh. R.C. Goenka for the development of Tribhuvan Industrial Cum Commercial Complex with approval from the Bank of India vide their letter dated 23.4.1985 so as to complete flatted factories/commercial buildings etc. Vide letter dated 29.5.1985, R.C. Goenka permitted defendant No. 1 to engage the services of any other party or builder for development of the said land. The same was confirmed by defendant No. 1 on 29.5.1985 itself.

(3.) DEFENDANT No. 1 entered into an agreement with defendant No. 2 on 4.2.1986 without the knowledge of the plaintiff for the development of the same block and the name of the plaintiff featured in sub - Clause 8 of the said agreement to the effect that plaintiff would be consulted as an architect from time to time.