NAVIN AMBALAL PATEL Vs. KAMLESH MANILAL PATEL

JUDGEMENT

(1.) THIS civil application seeks leave to file an appeal against judgement and decree passed by the learned Additional Senior Civil Jude, Vapi dated 11.05.2012 in Special Civil Suit No. 130 of 2011, where the applicant was not a party to the proceedings.

(2.) THE applicant is engaged in the business of manufacturing of led oxide and other chemicals in the name of M/s. Shyam Oxide Pvt. Ltd. at Plot No. 1208/2, Phase-III, Vapi Industrial Estate since last thirty years. The first opponent tenant is having manufacturing unit in Vapi, GIDC Estate in the name of M/s. Ruby Red (India) manufacturing pigment and purchased the raw materials from the present applicant. It is the case of the applicant that the appellant was facing the financial difficulties all throughout and the applicant helped him by advancing loans from time to time and ultimately, due to such financial difficulties, the opponent No.1 approached the applicant stating that he intended to sell the plot and migrated to USA but, as he could not get the desired market price, he proposed to the applicant to induct him in his partnership firm and, accordingly, M.O.U. was prepared. It is the case of the applicant that it was agreed that opponent No.1 would retire at the end of the financial year i.e. 31.03.2012.

(3.) IT is the case of the applicant that up to 08.12.2009, he has paid Rs. 14,25,000/- to the applicant and he insisted for registration of the agreement but opponent No.1 stated that he is going to retire automatically on 31.03.2012, and therefore, the applicant should not insist for registration of the two agreements.