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In this connection we wish to state that to give effect as a revenue sharing Joint Development, your execution of a Power of Attorney for 100% of the UDS in the land, in our favor becomes a prerequisite or a condition precedent.
Further vide your email 24 Feb 2019 you had also confirmed through the drafts of letter & the deed of confirmation attached thereto, that the JDA between us is not a revenue sharing one. Hence we confirm that the flats in the project to be shared between us are intact and we are always ready to enter into an area sharing agreement and hand over possession of the flats & EWS allotted to you. The list of flats to be shared between us including EWS has been shared with you long ago. At https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.) No.228 of 2021 your request a declaration was given to the income tax department that the flats sold by dos not form part of the flats to be shared between us. You are well aware that the flats for sharing between Chemisols Phenolics LLP and us has been completed and all the flats sold till date are part of our flats falling to our share with Chemisols Phenolics LLP which sales have already declared in our income tax returns and the statement has been given by us to the income tax department.
We have been time and again requesting you to take possession of the flats entitled to you after settling all the dues to us including the refund of the security deposit. In this connection you are aware that the Completion Certificate for the project was received as 13-04-2016.
In the light of the above you, we request your good self to kindly take possession of the flats & EWS entitled to you from out of the list of our joint holding (between ASV & Dharmichand group), which list already shared with you, subject to your payment of all dues to us including the refund of the security deposit.

36. The Petitioner replied back on 16.05.2019 to the Respondents/Claimants and called upon the Respondents/Claimants to take possession of the flats. This lead to exchange of further communications between them.

37. On 30.05.2019, the Petitioner, thereafter issued a Legal Notice called upon the Respondents/Claimants to pay the amounts due on account of the EWS and to take possession of the flats, EWS & designated Car parking area. Relevant portion of the aforesaid Legal Notice dated 30.05.2019 is extracted here under:-

“Please note if your clients fail to take possession of the flats, EWS & designated Car parking area on any of the dates mentioned supra as stipulated above, our clients would be proceedings to keep the keys of all the flats & EWS entitled to your client in a sealed container and be kept in a locker in the presence of two witnesses and pursuant thereto all the obligations of our client towards your client in terms of the Joint Development Agreement https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.) No.228 of 2021 dated 09-04-2012 shall stand fully discharged. Your clients may please be informed that the Corporation authorities are insisting to complete the assessment of the flats to property tax. If your clients fail to take possession of the flats, EWS & designated Car parking area on any of the dates mentioned supra as stipulated above, our client would be constrained to handover the list of the Flats mentioned in the Annexure herein to the corporation authorities to enable them to assess the flats to property tax in your clients’ name.”