agent of appellant in
respect of the Collaboration Agreement. Collaboration Agreement
has been executed between the respondent no. 1 and respondent no.
2 on 23rd ... there any mention of appellant in the Agreement.
11. Clause 16 of the Collaboration Agreement reads as under:-
"16. That after completion of Construct
respondent No. 11 - Builder-cum-Developer to enter into
Agreement to Sell or a Collaboration Agreement for consideration but
they refused. The petitioners also refused ... respondent No. 11 -
Builder-cum-Developer to enter into Agreement to Sell or a
Collaboration Agreement for consideration but they refused. The
petitioners also refused
read in
terms of the Collaboration Agreement;
(C) that under the Collaboration Agreement, the appellant/plaintiff
was to remain the owner of the ground ... same to be in pursuance of the Collaboration Agreement;
(iii) that the Collaboration Agreement besides describing the
portion of the property agreed to be sold
Collaboration Agreement dated
08.8.2010 stood superseded by Agreement to Sell dated 09.8.2010,
the applicant now cannot rely upon the said Collaboration Agreement
and seek appointment ... Interestingly, the respondents claim that there was no agreement
to sell and it is only Collaboration Agreement dated 08.8.2010, which
was executed between the parties
selected
as the developer and an MOU dt.
6.11.2002 and Collaboration Agreement dt. 19.8.2005 and Supplementary Agreement were entered into between Op2 and EMAAR
Projects ... EHTPL i.e., Op3 which is the parent company.
The collaboration agreement entered
into between Op2 & Op3 designates Op3 as
developer which is required
same was mentioned in
the said agreement. It is further stated that at the time of collaboration
agreement, the plaintiff had given payment ... agreement should not be on part of either of
the parties i.e. party should not create any such situation that
performance of collaboration agreement
plaintiff, the defendant agreed to enter into
the Agreement couched in the language of the Collaboration
Agreement. It was stated that the plaintiff ... order to secure his
investment had the Agreement couched in the language of the
Collaboration Agreement. It was submitted that in fact, the
plaintiff
stated that there was
a collaboration agreement. He could not produce that collaboration
agreement as that is a very old document. Again, this court ... between plaintiff and PW-2 as per the collaboration agreement but the
said collaboration agreement has not been brought before the court.
He has further
parties, as provided in the Collaboration
Agreement. It is further stated that in pursuance of the
Collaboration Agreement, the plaintiff company raised
construction after demolishing ... order to secure his
investment had the Agreement couched in the language of the
Collaboration Agreement. It was submitted that in fact, the
plaintiff
this regard, the petitioners had also entered into a
'collaboration agreement' with some builder for redeveloping the property. The site
plan furnished ... petitioners' admit that they had entered into a 'collaboration agreement' with one
Sh. Anil Sewani and Sh. Jagjeet Singh Sikka for redeveloping
