Bharathi Knitting Company vs Dhl Worldwide Express Courier Division ... on 9 May, 1996
5. The
Respondent has in its complaint admitted the factum of being liable to pay the
maintenance charges in as much as it has been stated in para 3 of the complaint
that the Respondent had paid the last instalment which also included
maintenance charges of the plot till June, 1993 and also the fact that the
Appellant has placed on record the list of other allottees who have made the
entire payment of the maintenance and other charges goes to show that the said
charges are justified and payable in terms of the agreement. The Supreme Court has also in case of Bharti Knitting
Mills Vs. DHL Worldwide Express (JT-1996(6)SC 254) held that the terms of the
agreement should be interpreted strictly as while entering into the agreement,
both the parties are aware of the terms and conditions. Furthermore, the developer/colonizer invests money
into the project and if the allottees are allowed to withhold the payments, the
project would not only suffer but the other allottees would also suffer on
account of the defaulters as the paucity of funds could delay the project. The relevant terms of the Agreement read as
under:-