Supreme Court's decision in "Bhagwati Developers Pvt.
Ltd." and "Rajahmundry Electric Supply Corporation Ltd." wherein
the Apex Court held ... distinguished the
decision of Hon'ble Supreme Court in "Bhagwati Developers Pvt. Ltd."
and "Rajahmundry Electric supply corporation Ltd.," held
dated
13-9-1988 executed by Respondent 2. The
appellants and Bhagwati Developers are total
strangers to that agreement. They came into the
picture only ... deeds and the appellants executed
agreement for sale in favour of Bhagwati
Developers. These transactions were in clear
violation of the order of injunction passed
execution of agreement for sale by the Appellants
in favour of Bhagwati Developers would make any person of
ordinary prudence to believe that Respondent ... Appellants and Bhagwati Developers had entered into
these transactions with the sole object of frustrating
agreement for sale dated 13.9.1988 executed in favour of
Respondent
also placed on the judgment rendered by the
Supreme Court in Bhagwati Developers (P) Ltd. v. Peerless
General Finance & Investment ... sustenance for
his submissions from the following observations as made in Bhagwati
Developers:-
"31. As stated in the preceding paragraph of the judgment
conducted by the Department in the group concerns of M/s Bhagwati Developers
incriminating materials have been found containing the details that the assessee ... Shanti
Enterprises belonging to the group of M/s Bhagwati Developers for the purchase of
an immovable property being Flat No.B-604, 6th Floor
erred is relying upon seized registers and third-
party statements of Bhagwati Developers without granting cross-
examination or confrontation of the deponents, contrary ... survey action was conducted in the case of M/s. Bhagwati
Developers who is a builder and developer on October 15, 2018, it was
revealed
Supreme Court has observed as under:-
".........The appellants and Bhagwati Developers are total
strangers to that agreement. They came into the picture
only when ... deeds and the appellants executed
agreement for sale in favour of Bhagwati Developers. These
transactions were in clear violation of the order of
injunction passed
suit for specific performance of agreement was filed. The
appellants and Bhagwati Developers though totally strangers to the
agreement, came into picture only when
agreement
dated 13.9.1988 executed by Respondent 2. The appellants and Bhagwati
Developers are total strangers to that agreement. They came into the
picture only when ... deeds and
the appellants executed agreement for sale in favour of Bhagwati
Developers. These transactions were in clear violation of the order
of injunction passed
Jayalakshmi Coelho v. Oswald Joseph Coelho , AIR 2001 SC 1084; and
Bhagwati Developers Private Ltd. v. Peerless General Finance
Investment Company