registration of the sale deed within five months of the ULC
permission as also income tax clearance. It was the case of the plaintiff
that ... contention.
Learned Counsel submits that the Plaintiff was obliged to obtain ULC
permission/clearance and his failure to do so demonstrated that
permission from the ULC
Authorities during the period when the ULC Act was in force. It is
undisputed that such permission was required at that ... ULC permission. So long as the permission does not come
through, the purchaser does not get his conveyance, since for want of such
permission
defendant towards charges for obtaining ULC permission, the 1st
defendant failed to perform his part of contract inspite of their
repeated demands and legal notice ... condition to obtain ULC
permission by 20.08.1987 and thereafter himself and plaintiffs have
together applied for permission from ULC authorities, but they have
not granted
provisions
of the MOFA and, therefore, reference to the permission granted
by ULC authorities, was also not necessary for considering as to
whether the additional ... permission of the flat takers. In that
connection, the High Court shall also consider
permission dated 16-11-1984 under S. 21(1) of
ULC
within 90 days after getting permission under ULC Act . It is an admitted fact that ULC permission was not required to be taken ... dispute at all. Mr. Raval also frankly submitted that ULC permission was not required to be taken.
30. Son-in-law of plaintiff
Crores each, every
six months after receipt of the ULC permission;
(d) By letter dated October 21, 2003 ( "October 2003
Letter") BTRA replied ... Crores
would be payable to BTRA. After obtaining ULC permission,
a further sum of Rs.4 Crores would be payable and the
balance
there were tax
permissions needed. At least two different permissions were
required. The first was a permission for sale under the ULC Act .
The second ... obligation to obtain the necessary permissions.
He does not say that this obligation excluded the necessary
permissions under the ULC Act . Resultantly, amended paragraph
proportions and
sizes of tenements according to the tripartite agreement and ULC
permission. (This subject has been discussed at greater length in the order
below ... claim of breach of contract as well as of ULC permission on
the part of the Respondents and seeking damages for such breach until
agreed amount
between the parties from the balance consideration.
11. The ULC permission was required to be applied for and
obtained by the Plaintiff ... original vendors to
proceed under the ULC Act . The payment of consideration
was not conditional upon the ULC permission being
obtained by the Plaintiff
acted upon such recognition by applying to various authorities for necessary permission under ULC Act and therefore they cannot resile from the oral agreement ... state that the sale deed could not be registered because of ULC permission. This is very insignificant in the light of statement
