Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | injunction Commercial Complex construction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908-order 39 Rule 1-Commercial Complex-Scheme of construction-Under self financing scheme-Advertisement in newspapers inviting offers giving estimated cost-Application by a buyer-Subsequently cost enhanced-Refusal to pay the enhanced cost- Cancellation of registration-Suit by buyer-Interim injunction by trial Court-Confirmed by High Court-On appeal, held : Grant of interim injunction not justified-Courts should be slow in interfering at interim stage with schemes based on costing-Interim injunction at initial stage would result in entire collapse of project-Matter remitted to trial Court-Urban Development. Appellant-Board issued advertisements in a local newspaper and 'Times of India' inviting offers to subscribe to residential and commercial schemes. As per the advertisement in 'Times of India' the cost of a showroom in a commercial complex was Rs. 39 lacs while according to advertisement in the local newspaper, Rs. 39 lacs was the estimated cost. Respondent-buyer, on the basis of advertisement in 'Times of India' applied for a showroom, with Rs. 3.90 lacs i.e. 10% of the cost towards registration amount. Thereafter, the appellant after preparing detailed project report and getting approval from the concerned authorities, worked out the actual cost which came to Rs. 2000 per sq. ft. and the cost of show room came to Rs. 71 lacs. Hence appellant called upon all the F contributors including the respondent giving an option to withdraw from the Scheme if they did not agree with the proposed actual cost. Respondent was not willing either to withdraw from the Scheme or to accept the actual cost. Appellant called upon the respondent to deposit Rs. 71 lacs which was objected by respondent. Ultimately appellant cancelled the registration of the appellant. Respondent filed a suit for declaration and injunction and application for temporary injunction. Trial Court by its interim order restrained the Board from allotting the showroom in dispute to any other person till final disposal of the suit. Appeals against order of trial Court was dismissed by High Court. In appeal to this Court appellant contended that in advertisement in 'Times of India' the word 'estimated' inadvertently stood omitted; and that respondent was fully aware that Rs. 39 lacks was the estimated cost as terms and conditions attached to the application form filled in by the respondent specifically stated so, Respondent contended that the impugned orders should not be interfered with as they were confined only to a particular unit; that appellant was bound by its offer as contained in 'Times of India; and that in view of the terms and conditions in the document, matter cannot be interfered with as the document was not placed before the Courts below |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2005 INSC 140 |
Petitioner | M.p. Housing Board |
Respondent | Anil Kumar Khiwani |
SCR | [2005] 2 S.C.R. 765 |
Judgement Date | 2005-03-14 |
Case Number | 1731 |
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