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Mrs. Akashdeep Kaur Sethi vs M/S. Sai Constructions on 15 April, 2025 cites

Sukanya Holdings Pvt. Ltd vs Jayesh H. Pandya & Anr on 14 April, 2003

10. The suit is filed alleging that the builder - defendant, who is respondent herein, has constructed ground + three floors instead of ground + four floors. It is further stated in paragraph No.4 of the plaint that the applicant is proceeding with arbitration for which separate legal notice has 14 BVRJ, AA No.303 of 2024 been issued. It was also contended in the suit that supplementary agreement dated 07.06.2018 was not signed by the applicant and her signature on it was a forged one. The subsequent supplementary agreement bearing document No.2109 of 2023 dated 27.03.2023 was executed suppressing the earlier supplementary agreement dated 07.06.2018. The applicant has hurriedly asked to sign the subsequent supplementary agreement dated 27.03.2023 wherein shares of the parties have not been demarcated by metes and bounds. The applicant issued legal notice dated 06.05.2024 calling upon defendant Nos.1 to 3, who are sisters of the applicant and the respondent herein, to execute supplementary agreement to partition the suit schedule properties. Assuming that the claim in the suit and that arbitration are distinct and separate, bifurcation of claims / cause of action is not permissible in view of the law laid down by the Supreme Court in paragraph Nos.13 to 17 in Sukanya Holdings' case (Supra 1). Further, the applicant has also not chosen to make her sisters as parties to this application and even on this ground also, the application is liable to be dismissed.
Supreme Court of India Cites 8 - Cited by 493 - Full Document
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