MADHUSUDANLAL NARAYANLAL PITTIE Vs. MAHESHCHANDRA AGARWAL

JUDGEMENT

(1.) THE applicant, shown as third party, has taken out this Chamber Summons against the parties to the suit as also other respondents who are shown as third party respondents. The Chamber Summons is for declaration that the termination of the development agreement dated 16th December, 2003, Power of Attorney dated 22nd May, 2002 and certain other documents is unreasonable, unenforceable and illegal, for appointment of Court Receiver for various directions and for injunction against private receiver appointed in the suit property.

(2.) THE suit filed in 1961 came to be decreed under consent terms signed by the parties on 28th April, 2008. The defendant No.4 was appointed private receiver. He is one of the co -owners of the suit properties. He had to develop one of the suit properties. He had entered into an MOU with the Director of the applicant on 21st May, 2002 and a development agreement on 16th December, 2003 and executed a POA in his favour. The rights and obligations of the applicant would be under the aforesaid documents. The development agreement has been terminated under a notice dated 16th July, 2013.

(3.) THE applicant is required to give certain flats, duly constructed, of specified areas to the owners of the suit property and their tenants in development. Under the agreement he is required to perform his obligations within certain specified periods. The periods have expired. The performance is incomplete. The agreement is terminated. The termination is challenged in the above Chamber Summons.