Order No. 6

Ld. Advocate for the complainant/petitioner is present.

Ld. Advocate for the opposite party is present.

The Misc. Application dated 17/10/2023 is taken up for hearing.

No written objection has been filed by the opposite parties.

Perused. Considered.

Heard both side.

Ld. Advocate for the complainant/petitioner submits that as per Schedule’B’ of the Development Agreement dated 29/01/2021, till date parties hereto have not mutually decided 45% share of the constructed area to be possessed by the complainant/petitioner. In spite of the same, the opposite parties are trying to sell, transfer and/or assigning the flats of the suit premises in favour of third party without complying the conditions mentioned in Schedule ‘B’ of Development Agreement dated 29/01/2021. Therefore, the complainant/petitioner prays for an order of injunction restraining the opposite parties from selling, transferring and/or assigning any portion of the suit premises as mentioned in Schedule ‘A’ of the Misc. Application till disposal of the complaint case.

In reply, Ld. Advocate for the opposite parties submits that they have given possession to the complainant in terms of Schedule ‘B’ of the Development Agreement dated 29/01/2021.

No document has been submitted by the opposite parties showing that they have given possession of 45% share in terms of Schedule ‘B’ of the Development Agreement dated 29/01/2021 as alleged.

Considering the balance of convenience and inconvenience and to avoid multiplicity of proceedings, the prayer of the complainant/petitioner is allowed.

Opposite parties are hereby restrained from transferring, selling and / or assigning any portion of suit premises as mentioned in Schedule ‘A’  of the Misc. Application till disposal of CC/188/2023.

Thus, Misc. Application dated 17/10/2023 stands disposed of on contest.