LALLUBHAI AMICHAND LIMITED Vs. AKRUTI NIRMAN LIMITED

JUDGEMENT

(1.) This Notice of Motion is taken out by the Plaintiff for composite reliefs in respect of the decree passed by this Court in accordance with the consent terms executed by and between the parties in Suit No. 567 of 2005 in terms of the orders dated 7 th July, 2005 and 11th July, 2005. The Plaintiff Applicant inter alia seeks modification in the undertaking given by the Plaintiff contained in clause 6 of the aforesaid consent terms to facilitate the Plaintiff to handover the amenity land and additional recreation area to Defendant No. 6 and/or Defendant No. 8 (instead of Defendant No. 6 as originally provided); extend the time to handover the possession of the said premises to Defendant No. 6 and/or Defendant No. 8, and in the alternative, order and direct the Defendant No. 6 to handover to the Plaintiff the aforesaid premises and thereafter extend the time for handing over the possession of the said premises to Defendant No. 8; declare that the decree for the amount of Rs. 2 Crore contained in clause 4 of the consent terms does not stand cancelled and in the event it is found that the term providing for the cancellation of the decree for Rs. 2 Crore has became operative then, it being in the nature of penalty, the Plaintiff be relieved from the said forfeiture clause contained in clause 7 of the consent terms.

(2.) The background facts leading to this Notice of Motion can be stated in brief as under:

(3.) The Plaintiff assailed the order passed by the Appeal Bench by preferring SLP(Civil) No. 12012 of 2011. When the matter was listed before the Supreme Court on 2nd May, 2011 the Petitioner (Plaintiff) sought leave to withdraw the Petition with liberty to move before the appropriate Court for appropriate relief. The SLP thus came to be dismissed as withdrawn.