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M.Nizamuddin vs M/S Chemplast Sanmar Ltd.& Ors on 10 March, 2010

11. Mr. Jain also submitted that the stand of the respondent that only completed buildings are to be brought into the ambit of the word 'has been constructed' is not tenable since completed buildings fall under a different clause i.e. clause (ea)(i). According to him, if that is accepted then in such cases, Section 2 (ea)(v) read with Explanation 1(b) would not be required at all since a completed building is covered independently in Section 2(ea)(i). He, thus, submitted that seen in this context, the expression 'has been constructed' must be read as 'is being constructed' in order to give effect to the legislative intent. He relied upon the decision of this Court in the case of M. Nizamuden v. 11 Chemplast Sanmar Limited and Others1, wherein it is held that:
Supreme Court of India Cites 10 - Cited by 17 - K G Balakrishnan - Full Document
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