PRAKASH JHA Vs. CLASSIC MULTIPLEX PRIVATE LIMITED

JUDGEMENT

(1.) The petitioners, defendants in the suit, are aggrieved of order dated 07.04.2012 passed in Title Suit No.107 of 2009 by which application dated 27.07.2011 for taking their written statement on record has been declined.

(2.) Title Suit No.107 of 2009 was instituted by Classic Multiplex Private Limited for a decree for specific performance of agreement dated 13.06.2006 and for a direction to the defendants to hand-over shopping mall and multiplexes to the plaintiff and to allot and transfer the same with car parking/vehicle parking in terms of the agreement dated 13.06.2006. An alternative relief for a decree for Rs.20 lacs with Rs.10 crores damages as stipulated under the agreement dated 13.06.2006 as well as interest on the said amount and mense profit till the date of realization has also been sought, in the event the plaintiff is found not entitled to specific performance of the agreement dated 13.06.2006. The plaintiff has pleaded that the defendant no.1 made a representation that the State Government has agreed to allot and settle 3.12 acres land over which shopping mall, multiplexes, food courts etc. shall be prepared and if the plaintiff invests Rs.20 lacs in one time payment it shall be allotted 10,000 sq. feet of super built-up area. The plaintiff has paid Rs.20 lacs through three demand drafts, all dated 13.06.2006 and an agreement between the parties was executed on the same day, however, sometime in February, 2009 when it came to know that the defendants have selected a new site for the aforesaid project, it sent a notice on 11.02009 through its advocate to the defendants. It is pleaded that in reply to the aforesaid notice the defendants have falsely alleged that various meetings were held with the officials of the Government still the plaintiff could not get possession of the land to the defendant no.1, and that the defendants have falsely alleged that the plaintiff itself gave an assurance that it would facilitate grant of necessary consent from the Government for the sub-lease from M/s Tata Steel Limited.

(3.) The plaint was presented on 20.08.2009 and it was registered on the same day. The defendants appeared in the suit on 22.06.2010 and they were granted time for filing written statement. On the next three dates of hearing, that is, on 29.06.2010, 24.07.2010 and 208.2010 the defendants were granted further time for filing written statement, however, they did not file their written statement of defence and accordingly on 22.09.2010 they were debarred from filing written statement. It is stated that from 31.01.2011 the defendants stopped appearing in the proceeding of Title Suit No.107 of 2009, and only on 27.07.2011 they filed an application for taking written statement on record and to permit them to contest the suit on merits. This application has been rejected by the trial Judge by the impugned order dated 07.04.2012.