Binu Christeena vs. M.A.R.Juherniza
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Order Issued After Hearing
Purpose:
Written Statement Filed - For Admission/Denial
Before:
Hon'ble Honourable Mr Justice P. Velmurugan
Listed On:
24 Apr 2024
Order Text
C.S.No.81 of 2021
P.VELMURUGAN, J
Learned counsel for the eighth defendant has filed the draft issues in the above suit.
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This Court after carefully going through the pleadings and the other documents filed along with the suit and also after perusing the draft issues filed by the eighth defendant, frames the following issues :
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Whether the defendants 1 to 8 are liable to pay a sum of Rs.2,39,18,494/- with subsequent interest at the rate of 18% per annum for the principle amount of Rs.1,31,00,000/- from the date of the plaint to till the date of realisation ?
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Whether the plaintiff adhered to the terms and conditions stipulated in the sale agreement dated 25.07.2016 ?
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Whether the plaintiff paid the sale consideration within the time specified in the sale agreement dated 25.07.2016 ?
4.Whether the plaintiff committed any violation/
deviation from the sanctioned plan in construction of Villas as per the Joint Venture agreement dated 25.10.2017 ?
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Whether the progress of construction as per Joint Venture agreement dated 25.10.2017 was stalled by the Greater Chennai Corporation for the violation/deviation from the sanctioned plan by the plaintiff ?
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Whether the plaintiff paid a sum of Rupees Three Crores to the defendants in respect of the Sale Agreement dated 25.07.2016 and Joint Venture agreement dated 25.10.2017 ?
7.Whether the plaintiff is entitled to claim Rs.2,16,00,000/- towards construction, Approval, Marketing & Labour ?
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Whether the plaintiff is entitled to the suit claim even after payment of Rs.2,38,00,000/- to the prospective purchasers of the Villa ?
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Whether the plaintiff is entitled for interest @ 18%
per annum and also for cost ?
- To what other reliefs?
Both the parties are directed to file Proof Affidavit for all the witnesses proposed to be examined by them and also Case Management Schedule for cross examination of both side witnesses on or before 10.06.2024 in the Registry.
Post the suit under the caption ''For Case Management Hearing'' on 11.06.2024.
24.04.2024
ms
P.VELMURUGAN, J
C.S.No.81 of 2021
24.04.2024
Page Nos.4/4 https://www.mhc.tn.gov.in/judis
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