Agreement. An amount of ₹25,00,000/-was also paid to
Smt. Kalyani Roy by respondent no.1 in terms of the Collaboration
Agreement ... Suit No. 319/2018 for declaration of the
Collaboration Agreement and the Supplementary Collaboration Agreement
to be null and void. The parties were referred
further asserted that the Agreement to Sell dated 21st March,
2016 is inherently linked and intertwined with the Collaboration Agreement
dated 13th August ... Agreement to Sell executed between
the parties and the right of petitioners to get their respective floors in terms
of the Collaboration Agreement
further asserted that the Agreement to Sell dated 21st March, 2016
is inherently linked and intertwined with the Collaboration Agreement dated
13th August ... Collaboration
Agreement.
16. The first objection taken is that the Suit is barred by limitation, since
as per the Collaboration Agreement dated 09th December
petitioner No. 1 entered into Collaboration Agreement
(hereinafter referred to as the "Second Collaboration Agreement") along
with a Special Power of Attorney, General ... transferring all his rights
under the Second Collaboration Agreement.
7. Clause 29 of the four Collaboration Agreements provided for
arbitration to adjudicate any disputes that
Collaboration Agreement
was void or in the alternative voidable.
16. The counsel for the plaintiff has argued that this Collaboration
Agreement was not admissible ... terms
of Clause 3 of the Collaboration Agreement, he himself is seeking to avoid
the Collaboration Agreement. Patently, contrary arguments have been raised
related reliefs.
3. The plaintiff had entered into a Collaboration Agreement dated
11.06.2018 with the defendants whereby it was agreed that the defendants
shall demolish ... Performance of the Collaboration Agreement, but in view of the subsequent
events, there is serious apprehension that the Collaboration Agreement
stands frustrated. Therefore, the plaintiff
time of entering into the
Collaboration Agreement and thus, it was agreed that the Collaboration
Agreement could be terminated by either party if within seven ... entitled to recover
the benefit under the Agreement. There is specific averment that the
Collaboration Agreement did not get implemented and thus, has sought
recovery
respect
of the first floor of the suit property. A Collaboration Agreement was
entered into between defendant No. 1 and M/s Nelsan Constructions ... plaintiff claims to have no knowledge of the said Sale and
Collaboration Agreement. In October, 2008, upon initiation of the
demolition of the suit property
Collaboration Agreement dated 15.03.2013 with the Defendant No. 1, Mr.
Desh Bandhu Garg, for getting the Property redeveloped/constructed. As per
this Collaboration Agreement ... Plaintiff, in terms of the
Clause 8 of the Collaboration Agreement till the possession of the
constructed property was handed back to the Plaintiff
Whether right to roof provided to the builder in the
collaboration agreement includes right to construct further/additional
floor on the roof.
(ii) Whether ... collaboration agreement which provides that the builder can construct
the building only upto 3rd floor.
(iii) Whether if the clause of the collaboration agreement provides
