JITENDRA BHIMSHI SHAH Vs. MULJI NARPAR DEDHIA HUF

JUDGEMENT

(1.) The plaintiff has sought amendment of the plaint in the Chamber Summons. The plaintiff has also sought appointment of Court Receiver and an order of injunction restraining the defendant as well as the respondents from creating 3rd party rights in respect of the Transfer of Development Rights (TDR) on the suit prop erty, utilising and loading the TDR on any property and acting pursuant to the agreements entered into by and between the defendants and the respondents in respect of TDR and for an order against the defendant to deposit monies received under the transaction relating to the TDR by him.

(2.) The plaintiff is the partner of defendant No. 1 under registered Deed of Partnership dated 15th November 1993. During the pendency of the partnership a suit came to be filed by the Partnership Firm against respondent No. 2 being Suit No. 6736/1999. On 18th August 2000 the minutes of the decree on admission came to be passed in the suit upon consent of the parties and signed by the parties. Under those Consent Terms the total claim of Rs. 52.52 lakhs came to be admitted by respondent No. 2. A decree on admission came to be passed in terms of prayer (a) of that suit. That decretal amount was to be paid partly in cash and party under an agreement to sell the TDR, which was to be obtained in the name of respondent No. 2 by respondent No. 2 to the plaintiff in that suit being the Partnership Firm of the plaintiff and the defendant herein. Under the minutes of the order respondent No. 2 declared that it had applied to the MMC for issuance of their Development Rights Certificate (DRC) which was agreed to be transferred to the plaintiffs in that suit. The respondent No. 2 undertook not to sell or transfer or utilise the DRC/TDR until the decree on admission dated 14th September, 2000 was fully satisfied. The defendant signed the Consent Terms as partner of the Firm of the plaintiff and the defendant. The plaintiff had no knowledge of the said decree.

(3.) Part amount of the Consent Decree was paid and part satisfaction of the decree to the extent of Rs. 25,91,750 /- came to be recorded by the Prothonotory and Senior Master of this Court on 31 st December 2001.