Madras High Court

M/S.Lazer Housing Llp vs M/S.Viswakarma Agencies Pvt. Ltd on 7 December, 2023

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                C.S.Nos.84, 85 & 86 of 2019

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated : 07.12.2023

                                                            CORAM

                                     THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

                                                  C.S.Nos.84, 85 & 86 of 2019

                     C.S.No.84 of 2019

                     M/s.Lazer Housing LLP
                     Represented by is Managing Partner,
                     Tarachand Dugar,
                     Having registered Office at :
                     VII Floor, Eastern Wing,
                     'Dugar Towers', No.34,
                     Marshalls Road, Egmore,
                     Chennai – 600 008.                                           ... Plaintiff

                                                                Vs

                     M/s.Viswakarma Agencies Pvt. Ltd.,
                     Represented by its Director,
                     Goutham Chand Bafna,
                     Having Office at : No.80, EVK Sampath Road,
                     Vepery, Chennai – 600 007.                                   ... Defendant

                                  Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules

                     1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the

                     following decree and judgment :
                     1/12




https://www.mhc.tn.gov.in/judis
                                                                                 C.S.Nos.84, 85 & 86 of 2019

                                  a] directing the defendant to pay the plaintiff a sum of

                     Rs.1,11,08,000/- [Rupees One Core Eleven Lakhs Eight thousand only]

                     being the advance amount received under the Registered Sale Agreement

                     dated 20.04.2007 together with interest at the rate of 18% per annum from

                     the date of realization on Rs.30,00,000/-.

                                  b] directing the defendant to pay the costs.



                     C.S.No.85 of 2019


                     M/s.Lazer Housing LLP
                     Represented by is Managing Partner,
                     Tarachand Dugar,
                     Having registered Office at :
                     VII Floor, Eastern Wing,
                     'Dugar Towers', No.34,
                     Marshalls Road, Egmore,
                     Chennai – 600 008.                                            ... Plaintiff

                                                                   Vs

                     Shoba Bai                                                     ... Defendant




                     2/12




https://www.mhc.tn.gov.in/judis
                                                                                 C.S.Nos.84, 85 & 86 of 2019

                                  Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules

                     1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the

                     following decree and judgment :

                                  a] directing the defendant to pay the plaintiff a sum of

                     Rs.1,11,08,000/- [Rupees One Core Eleven Lakhs Eight thousand only]

                     being the advance amount received under the Registered Sale Agreement

                     dated 20.04.2007 together with interest at the rate of 18% per annum from

                     the date of realization on Rs.30,00,000/-.

                                  b] directing the defendant to pay the costs.



                     C.S.No.86 of 2019

                     M/s.Lazer Housing LLP
                     Represented by is Managing Partner,
                     Tarachand Dugar,
                     Having registered Office at :
                     VII Floor, Eastern Wing, 'Dugar Towers',
                     No.34, Marshalls Road, Egmore,
                     Chennai – 600 008.                                            ... Plaintiff
                                                         Vs

                     1. Shoba Bai
                     2. Vineet Bahfna
                     3. V.Sonal Bafna
                     3/12




https://www.mhc.tn.gov.in/judis
                                                                                  C.S.Nos.84, 85 & 86 of 2019

                     4. V.Vaishali Bafna
                     5. V.Shreya Bafna                                              ... Defendants

                                  Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules

                     1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the

                     following decree and judgment :

                                  a] directing the defendant to pay the plaintiff a sum of

                     Rs.1,48,10,668/- [Rupees One Core forty eight lakhs ten thousand six

                     hundred and sixty eight only] being the advance amount received under the

                     Registered Sale Agreement dated 20.04.2007 together with interest at the

                     rate of 18% per annum from the date of realization on Rs.40,00,000/-.

                                  b] directing the defendants to pay the costs.

                                  d] Costs of the suit


                                               For Plaintiffs      : Mr.B.Arvind Srevatsa
                                               [in ll suits]

                                               For defendants     : Mr.P.Sunil
                                               [in all suits]


                                                     COMMON JUDGMENT

https://www.mhc.tn.gov.in/judis C.S.Nos.84, 85 & 86 of 2019

These suits have been filed for recovery of a sum of Rs.1,11,08,000/-,

Rs.1,11,08,000/- and Rs.1,48,10,668/- respectively being the advance

amounts received under theree registered Sale Agreements dated 20.04.2007

together with interest at the rate of Rs.18% per annum from the date of the

plaint till the date of realisation on Rs.30,00,000/-, Rs.30,00,000/- and

Rs.40,00,000/- respectively.

2. The plaintiffs in all the suits are one and the same. The defendant

in C.S.No.85 is the wife of one Vijayakumar Bafna and he was a Director of

Viswakarma Agencies Private Limited, which is the sole defendant in

C.S.No.84 of 2019. Similarly, the defendants in C.S.No.86 of 2019 are the

legal heirs of the said Vijayakumar Bafna. The suits have been filed for

recovery of the advance of sale consideration paid by the plaintiff.

3. The case of the plaintiff is that M/s.Viswakarma Agencies Private

Limited represented by Vijayakumar Bafna entered in to three registered

agreements for sale on 20.04.2007 to a total extent of land admeasuring

81.98 acres and for a total sale consideration of Rs.1,00,00,000/-. In

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C.S.Nos.84 & 85 of 2019, the advance amount given is Rs.30,00,000/- and

Rs.30,00,000/- and in C.S.No.86 of 2019, the advance amount given is

Rs.30,00,000/-. However, the sale has not been fructified on account of

certain issues with regard to change of patta. Hence, the suit has been filed

for recovery of money. Though different suits have been filed, since the

defendants are the legal heirs of the Vijayakumar Bafna, during submissions

the defendants admitted to pay a sum of Rs.1,10,00,000/- in full quit in all

the three suits. An affidavit has been filed by the defendants before this

Court to that effect. Mr.Arvind Srivatsa, the learned counsel appearing for

the plaintiff also agreed to receive the amount in full quit in all the three

suits.

4. Since the plaintiffs and the defendants have agreed for settlement,

this Court is of the view that without going into the issues framed, the suits

shall be disposed of on the basis of the admissions made by both sides under

Order 12 Rule 6 of CPC. The affidavit filed by the defendants is taken on

https://www.mhc.tn.gov.in/judis C.S.Nos.84, 85 & 86 of 2019

record. The defendant in C.S.No.85 of 2019 and second defendant in

C.S.No.86 of 2019 are present before this Court.

5. Accordingly, the suits are decreed as follows :

[i] The suit in C.S.No.84 of 2019 is decreed for a sum of

Rs.33,00,000/- [Rupees thirty three lakhs only] in full quit.

[ii] The suit in C.S.No.85 of 2019 is decreed for a sum of

Rs.33,00,000/- [Rupees thirty three lakhs only] in full quit.

[iii] The suit in C.S.No.86 of 2019 is decreed for a sum

of Rs.44,00,000/- [Rupees forty four lakhs only] in full quit.

[iv] The registry is directed to draft separate decree for

each suit in the above terms.

[v] It is also agreed between the parties that the entire

amount will be paid on or before 31.01.2024. If the amount is

not paid by the defendants on or before 31.01.2024 as

undertaken before this Court, the said sum of Rs.1,10,00,000/-

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shall carry interest at the rate of 12% per annum besides there

shall be a charge over the property morefully set out in the

schedule. After payment of the entire amount, the plaintiff

shall cancel all the registered agreements.

[v] The counter claims made by the defendants in all the

suits are dismissed.

[vi] Considering the nature of submissions made, there

shall be no Order as to costs.



                                                                                             07.12.2023
                     vrc

                     Index : Yes/No
                     Internet    : Yes/No
                     Speaking/Non-Speaking Order


                     Plaintiff side Witnesses :

P.W.1 Mr.N.Tarachand Dugar [in all 3 suits]

Plaintiff Side documents : [in all 3 suits]

Ex.P.1 Certified copy of the Certificate of Registration on Conversion of plaintiff dated 21.04.2015

https://www.mhc.tn.gov.in/judis C.S.Nos.84, 85 & 86 of 2019

Ex.P.2 Original Registered Sale Agreement entered into between the plaintiff and the defendant 20.04.2007

Ex.P.3 Letter sent by the plaintiff to the defendant dated 11.04.2018

Ex.P.4 Reply sent by the defendant to the plaintiff dated 28.05.2018.

Defendant Side Witness : [in all 3 suits]

D.W.1 Mr.Vineet Bafna

Defendant Side Exhibits :

Ex.D.1 Legal notice sent by the defendant to the plaintiff dated 10.04.2023

Ex.D.2 Legal Notice sent by the defendant to the plaintiff dated 18.08.2023

Ex.D3 Legal notice sent by the plaintiff to the defendant dated 25.07.2023

Ex.D.4 Copy of the sale deed dated 31.01.2001 executed in favour of the defendant company

Ex.D5 Copy of the Patta bearing No.396 dated 28.09.2001 issued by the Tahsildar

Ex.D6 Copy of the patta bearing No.633 dated 03.04.1980 issued by the Tahsildar

Ex.D7 Copy of the patta bearing No.630 dated 03.04.1980 issued by

https://www.mhc.tn.gov.in/judis C.S.Nos.84, 85 & 86 of 2019

the Tahsildar

Ex.D8 Copy of the patta bearing No.387 dated 28.09.2001 issued by the Tahsildar

Ex.D9 Copy of the Sale Deed dated 31.01.2011 executed in favour of Mr.S.Vijai Kumar Bafna

Ex.D10 Copy of the Sale Deed dated 31.01.2001 executed in favour of Mrs.V.Shoba Bai

Ex.D11 Copy of the patta bearing No.631 dated 0304.1980 issued by the Tahsildar

Ex.D12 Computer generated Lakshmi Vilas Bank Statement of Mr.S.Vijai Kumar Bafna for the period from 01.12.2006 to 30.04.2007

Ex.D.13 Income Tax Returns of Mrs.S.Vijai Kumar Bafna for the assessment year 2008 – 2009

Ex.D.14 Copy of the acknowledgment issued by the Income Tax Department for profit and Loss Statement of Vijai Kumar Bafna for the assessment year 2006 – 2007

Ex.D.15 Copy of the proceedings dated 21.08.1978 issued by the District Revenue Officer, Kancheepuram

Ex.D.16 Computer generated Date of M/s.Viswakarma Agencies Private Limited.