UNNAYAN BUILDERS PVT. LTD. Vs. ARUN GADIA

JUDGEMENT

(1.) The claim is not maintainable on a technical score and otherwise does not appear to be meritorious.

(2.) The petitioner and another jointly applied for a plot of land in a project undertaken by the company. The application was jointly made and the present petition has been filed only by one of the joint applicants. The petitioner has relied on a letter issued by the other applicant permitting the petitioner to espouse the other applicant's cause before Court since the other applicant does not have the time to litigate in Court. However, by merely appending a copy of such letter to the petition without making the other applicant a party, the petition may not be maintainable.

(3.) In any event, disputed questions arise that cannot be addressed or assessed on affidavit evidence. The petitioner claims that a total sum of Rs. 7.80 lakh was paid upon the application for a plot of land. The petitioner claims that a sum of Rs. 1 lakh was initially paid in cash and two further cash payments of Rs. 95,000/- and Rs. 1.95 lakh were made. The company says in its affidavit that one of the terms of the application was that twenty per cent of the money would have to be paid upfront and the balance would be paid in instalments upon the allotment being made. The twenty per cent payment, according to the company, amounted to Rs. 3.9 lakh in respect of a plot that was to cost Rs. 19.5 lakh. The company has denied the receipt of the payments in cash as suggested by the petitioner.