LAWS(RAJ)-2023-4-248

RAJENDRA BAHETI Vs. QUALITY CONDUIT PVT. LTD.

Decided On April 24, 2023
Rajendra Baheti Appellant
V/S
Quality Conduit Pvt. Ltd. Respondents

JUDGEMENT

(1.) These writ petitions have been preferred claiming the following reliefs:

(2.) The facts averred in Writ Petition No.395/2014 are that two agreements had been entered between the petitioner and respondent no.3 on 16/10/2007 and 29/11/2007 pertaining to a property situated at B-21 and B-22 Industrial Area, Jodhpur (Rajasthan), ad-measuring, in total, 1198.16 Sq.Mts; out of which, against the strip of land ad-measuring 380.64 Sq. Mts., the petitioner paid Rs.8.00 Lacs as advance, out of Rs.36,16,080.00 (agreement dtd. 16/10/2007).

(3.) In Writ Petition No.395/2014, learned counsel for the petitioner submits that the respondent-Bank and other respondents entered into a Tripartite agreement in the form of MOU dtd. 6/10/2009, which is wholly against the provisions of the Act of 2002 and the Recovery of the Debts Due to Bank & Financial Institutions Act, 1993; therefore, the illegal agreement/MOU dtd. 6/10/2009 is liable to be declared null and void.