LMJ SERVICES LTD Vs. RIICO

JUDGEMENT

(1.) The present appeal, which is still at the admission stage, at the request of learned counsel for parties has been heard and is being disposed of at this stage itself.

(2.) The appeal under Sec. 96 CPC has been filed by plaintiff-appellant against the judgment and decree dated 20.09.2005 passed by District Judge, Jodhpur in Civil Original Suit No. 170/2003 LMJ Services Ltd. Vs. RIICO & Anr., dismissing the suit of the plaintiff. Briefly stated, the facts giving rise to the present appeal are that the appellantplaintiff, a registered company under the Indian Companies Act, filed a suit before the Court of learned District Judge, Jodhpur on 17.05.2003 stating, inter-alia, therein that in pursuance to the sealed tenders invited by respondent-defendant Rajasthan State Industrial Development Corporation Ltd. (to be referred hereinafter as 'RIICO') for allotment of Plot No. C/1, Industrial Estate, Jodhpur and building thereon, it was allotted to the plaintiff and in this regard information to the plaintiff was conveyed by the then Regional Manager of RIICO vide letter dated 21.03.2001.

(3.) The Senior Regional Manager of RIICO also vide his letter dated 28.02.2001 informed to the plaintiff about the acceptance of the bid for allotment and demanded a sum of Rs.32,25,000/- plus development charges Rs.8,06,000/-, and the plaintiff on the very same day deposited a sum of Rs.7,60,000/-. It was further averred in the plaint that a sum of Rs.50,000/- was already deposited with the defendant Corporation as Security Money, thus the total amount deposited by the plaintiff was Rs.8,10,000/-, which was accepted by the defendant Corporation and as the allotment of land and the premises was finalized in favour of the plaintiff, the office of defendant Corporation at Jodhpur through its letter dated 21.03.2001 asked the plaintiff for depositing service charges Rs.4205/- within a period of 60 days. The allotment was on lease of 99 years so the plaintiff was also asked to deposit annual rent Rs.310/- and the plaintiff deposited Rs.4515/- on 31.03.2001 vide receipt dated 31.03.2001. It was further stated in the plaint that a promise was made to the plaintiff that on execution of the lease-deed, after receipt of the balance amount Rs.24,15,000/- within 60 days, the possession would be handed over to the plaintiff within 24 hours thereof. The amount was offered by the plaintiff and the then Advisor of defendant Corporation in writing informed that the balance amount would be received at the time of handing over of the possession. It was also averred in the plaint that the plaintiff was ever ready and willing to complete its part but the defendant Corporation always delayed the matter by asking for time and ultimately by letter dated 31.03.2003 enclosing a cheque of Rs.9,58,016/- favouring plaintiff, it was informed that the allotment dated 21.03.2001 made in favour of the plaintiff has been withdrawn. The plaintiff sent a notice through Advocate to defendant No.1 Corporation after receipt of the said communication alongwith cheque and also gave copy of notice to defendant No.2, who was its Regional Manager and the same was received but defendant No.2 under a conspiracy and his vested personal interests, by letter dated 23.04.2003 refused to comply the notice, hence it became essential for the plaintiff to file the suit.