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TMI Blog2020 (2) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... delay in filing of review application. The review application and delay condonation application are bereft of any merit and are rejected with costs of ₹ 10,000/- to be deposited with Lawyers Welfare Fund, Delhi High Court, New Delhi - application dismissed. - CS(OS) 82/2014 - - - Dated:- 7-2-2020 - MR. YOGESH KHANNA J. Plaintiffs Through: Mr. O.N. Sharma, Advocate for respondent. Defendants Through: Ms. Ashima Mandla and Ms. Mandakini Singh, Advocates for applicant. YOGESH KHANNA, J. REVIEW PET.225/2019 and IA No.7573/2019 1. The applicants/defendants No.1, 2 3 move IA No.7573/2019 under Section 5 of the Limitation Act seeking condonation of 401 days in moving the Review Petition No.225/2019 against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lac and ₹ 35.00 Lac respectively. However, the amount of ₹ 3.00 Crore is still outstanding against the defendants. This amount was only to be used by the defendants for the development of a project in Sector 79, Gurugram, Haryana and the defendants would offer 500-700 dwelling units in said project to the plaintiff. 4. Admittedly, as per MoU, the proposed dates for obtaining the LOI/License from HUDA and other amenities like building, electricity, water, home loan approval, start of construction work etc were given, but the application for grant of license was rejected by the concerned authority which fact was concealed by the defendants the project could not be proceeded with and the defendants developed the intention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were granted permission to withdraw the appeal with liberty to take recourse to remedies for impugning the order dated 03.04.2018. 8. Immediately thereafter, the defendants filed the LPA No.634/2018 challenging the order dated 03.04.2018 which was also dismissed, rather on merits by the Division Bench of this Court, per order dated 20.11.2018 noting interalia:- In our considered view, the discretion exercised by the Single Bench in the matter is based on the material which shows that the defence of defendants No.1 to 3 is illusory in nature in view of the contrary stand taken by them with regard to the same issue in a proceeding under Section 138-A, exercised discretion in granting the leave subject to the condition as stipulated h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 vide judgment and decree dated 10th December, 2018 because the appellant company has not deposited the amount of ₹3.00 crore, for which conditional leave was granted in CS(OS) 82/2014 under Order XXXVII Rule 3 (5) CPC, especially when LPA 634/2018 was also dismissed by this Court vide order dated 20th November, 2018. 7. Moreover, it is submitted by Col. Rajnish Soni that a review application has been preferred, bearing Review Application No.225/2015, for the review of the judgment and decree passed in CS(OS) 82/2014, dated 10th December, 2018, and the said review application is still pending. Hence, we find no reason to entertain this appeal and the same is hereby dismissed. 10. The order dated 03.04.2018 thus had attained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yout placed at Annaxure I. Both partners have entered into an understanding as per the terms and conditions mentioned below for the Group Housing Project in Sector 79 4. 5. xxxx 6. The commitments of Kenarks Intra Developere Pvt. Ltd. (a) Konark has already done agreements for 13 Acres of land and applied for LOI placed at Annexure II. (b) Konark will acquire further land from farmers. (c) Konark will get the LOI processed form HUDA. (d) Konark will get the licence al approvals from HUDA. (e)Konark will get bank loan approved for home loans. (f) Konark will be solely responsible for all legalities arising from Konark will acquire further land from farmers. this project towards title of land, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter shall be tried on early basis. On the full and final payment, the entire liabilities including previous losses if any occurred by any party to the settlement qua the other party shall be settled completely without any further claims. 14. Further order dated 29.03.2015 of this Court notes:- Learned counsel for plaintiffs and defendants No.1 to 3 state that the disputes between the parties have been settled. They both have handed over a copy of the order dated 29th January, 2015 passed by the Metropolitan Magistrate (South), Negotiable Instruments Act. The same is taken on record. Defendant No.4, who appears in person, states that no settlement has been executed by him. Both the learned counsel pray for an adjourn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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