RENU LAMBA Vs. SANGUNITY EXIM (INDIA) LTD.

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the orders dtd. 18/11/2015 and 5/7/2016 passed by the Civil Judge (Jr. Divn.) Gurgaon (now Gurugram) vide which the application under Order 11 Rules 1 and 2 CPC filed by the plaintiff for directing the defendant/petitioner to answer the interrogatories filed by the petitioner was allowed and the application filed by the petitioner for review of order dtd. 18/11/2015 was dismissed on the ground that the application is not maintainable as the pleas were available to the petitioner at the time of filing reply to the application under Order 11 Rules 1 and 2 CPC.

(2.) Brief facts of the case are that plaintiff/respondent filed a suit for declaration, permanent injunction and mandatory injunction against the defendant/petitioner in respect of agreement dtd. 30/11/2009 executed between the petitioner and the respondent wherein the respondent was to construct the property/plot No.1377 measuring 220 sq. mtrs. situated in Sector 52, Gurgaon (now Gurugram). Plaintiff pleaded that it was a limited Company and was dealing in construction business. Defendant/petitioner was owner of plot No.1377 measuring 220 sq. mtrs. in Sector 52, Gurugram having defined boundaries as shown in the plaint. Defendant/petitioner approached the plaintiff/respondent for construction of building i.e. basement, ground floor, first floor and second floor. Plaintiff assured the defendant/petitioner in respect of quality of work and further agreed to construct the plot as per terms and conditions as mentioned in the collaboration agreement dtd. 30/11/2009. As per the terms and conditions as set out in collaboration agreement, the parties would have share as follows:-

(3.) Plaintiff was to get the building plan sanctioned in the name of the defendant at its own costs from Haryana Urban Development Authority (for short 'the HUDA'). It was further pleaded that on 4/12/2009, the plaintiff submitted a letter in the office of Estate Officer, HUDA for the amount outstanding towards HUDA for the said plot on behalf of the defendant as in the absence of the same, HUDA would not have sanctioned the building plan. On coming to know the outstanding amount i.e. Rs.7,47,605.00, the plaintiff deposited the same on 6/1/2010 and thereafter plaintiff submitted building plan for sanction in the office of Estate Officer, HUDA on 8/3/2010. On 6/4/2010, a demand notice for additional amount of Rs.3,90,815.00 was received by the plaintiff from HUDA Department. Intimation was given to the defendant that till clearance of the said amount by the defendant, the HUDA would not sanction the building plan. Defendant in continuation of collaboration agreement between them further executed agreement on 1/5/2010 agreeing that the dues paid over and above Rs.3,50,000.00 by the plaintiff would be reimbursed by the defendant and further agreed that the amount of Rs.4,00,000.00 (approx.) as demanded by the HUDA would be paid by the plaintiff and the plaintiff would be reimbursed in that regard along with balance amount at the time of transfer of first floor in favour of the plaintiff at the time when plaintiff would apply for completion certificate.