Pebble Downtown
India (P.) Ltd. entered into a Collaboration Agreement dated 25.06.2015,
whereby Respondent No.1 was to inter alia develop and construct a
commercial ... project land. Disputes having arisen between the
parties out of the Collaboration Agreement, Sole Arbitrator was appointed,
however, after he entered upon reference, parties resolved
grant of a permanent
injunction. The controversy herein stems from a Collaboration Agreement
executed on 09.12.2019 between the plaintiff and the defendants concerning
the property ... modes, which came to be recorded in the
terms of the Collaboration Agreement.
Case of the plaintiff in the main suit
3. The plaintiff entity
short 'the 1996 Act').
2. In nutshell, a collaboration agreement dated 26.11.2007
(Annexure P-2) (as annexed with the petition preferred under Section ... carry out development works of the said land.
Subsequently, the collaboration agreement in question was executed between
the land owners, the original developer
various reliefs, inter alia, seeking specific
performance of a collaboration agreement dated 03.06.2015 (hereinafter
referred to as the ‗agreement').
Brief facts ... Bank asserting its
lawful possession arising out of the collaboration agreement and later filed
an application under Section 17 of the SARFAESI Act before
necessary approvals.
Subsequently, defendant no. 1 requested execution of a
fresh Collaboration Agreement, to which the plaintiff acceded,
resulting in the execution of a Collaboration ... development license. Upon realizing this, the plaintiffs
demanded cancellation of all Collaboration Agreements,
Supplementary Agreement, and Powers of Attorney, but the
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what period and from whom? OPP
3) Whether there exists any collaboration agreement dated 18th May,
2004 between the Plaintiff No.2 and Defendant ... purposes.
iv. Lastly, it was contended that in view of the Collaboration
Agreement executed on 18.05.2004, there was novation of contract,
and hence, the previous
property developed
through some agency. On the same day, a Collaboration Agreement
[hereinafter referred to as „Collaboration Agreement‟] was executed
between the Defendant ... First Party and the Plaintiff
(Developer) as the Second Party. The Collaboration Agreement
provided reconstruction of the building by constructing a Basement,
Stilt
Ballabgarh, Faridabad
('subject land'), by way of four separate Collaboration Agreements, all
dated 04.06.2007, transferred development rights over the subject land in
favour ... while retaining
ownership and title to the property. As per the Collaboration Agreements,
DD Global was responsible for undertaking construction of residential units
over
commercial units.
5. The Owner and the Developer entered into a Collaboration Agreement
dated 26.04.2011 for development of land situated in the revenue
estate ... favour of the
Developer.
6. As per Clause 2.6 of the Collaboration Agreement, the Project was to
be completed within 40 months from the commencement
declined.
BRIEF FACTS OF THE CASE:
2. The case concerns a Collaboration Agreement dated
11.06.2013 executed between the petitioner and respondent ... affordable Group Housing Colony.
3. In pursuance of the Collaboration Agreement, the parties
executed an Escrow Agreement dated 02.02.2015 with YES Bank,
stipulating that
