Kaul (defendant nos.3(i
& ii) and one M/s Bhagwati Developers Pvt. Ltd.(defendant no.4), with
which Company they claimed to have ... plaintiffs herein as well as defendant
no. 4 M/s Bhagwati Developers Pvt. Ltd. in entering into a clandestine
transaction in respect of the suit
respondent No.3.
2. FAO (OS) No. 514/2007
M/s. Bhagwati Developers Pvt. Ltd. . . . Appellant
through : Mr. C. Mukund with
Mr. Shashank Sharma, Advocates ... purchasers/vendees entered into an agreement
to sell the property with Bhagwati Developers, Kolkata (hereinafter
referred to as „Bhagwati Developers‟). This agreement contained an
arbitration
sell in respect of the suit property with one M/s
Bhagwati Developers Pvt. Ltd. for a total consideration ... Bhagwati Developers Pvt. Ltd. instituted arbitration
proceedings against the defendants no. 3 to 8 seeking specific
performance of the agreement to sell in their favour
deed plaintiff's entered into an
Agreement to Sell with Bhagwati Developers, the fifth defendant, in respect of the suit
property. During the pendency ... Supreme Court by filing appeals which were dismissed vide Judgment Bhagwati
Developers Private Limited vs. Tosh Apartments Private limited & Others
executed an agreement to sell in favour
of one M/s Bhagwati Developers (P) Ltd on receiving some
consideration.
4. Suit ... said order dated 22.1.2001 was challenged by M/s
Bhagwati Developers (P) Ltd. in an appeal titled M/s Bhagwati
Developers
Late Sh. L.K. Kaul, as „Kaul‟; and defendant
no. 4/Bhagwati Developers Pvt. Ltd. as „Bhagwati‟.
3. During the pendency of this suit, Khanna ... conduct. It had colluded with another party,
i.e Bhagwati Developers in approaching the Calcutta High
Court; it had also clandestinely entered into the 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 ... 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
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
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
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
