* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: August 04, 2014
+ FAO(OS) 337/2014
M/S.TATVADARSHI BANDHU PVT. LTD. ..... Appellant Represented by: Mr.Amit Sibal, Sr.Advocate
instructed by Mr.Tejaswi Kumar
Pradhan, Advocate
versus
OMAXE LIMITED ..... Respondent Represented by: Mr.J.P.Sengh, Sr.Advocate instructed by Mr.Shalabh Singhal, Mr.Sumeet
Batra and Ms.Ankita, Advocates
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J.
1. We shall be referring to the parties as 'Omaxe' and 'Tatvadarshi'.
2. On August 04, 2004 a collaboration agreement was entered into between Omaxe and Tatvadarshi. The next day, on August 05, 2004 an addendum was executed.
3. In the agreement and the addendum, Tatvadarshi was referred to as the owner. Omaxe was referred to as the developer.
4. The collaboration agreement envisaged Tatvadarshi making available land to Omaxe for being developed by Omaxe. After development, the utilizable land was to be shared half and half.
5. The land was in the revenue estate of village Anangpur. The recitals to the agreement recorded that total land in village Anangpur was 8420 bigha and 10.1 biswa out of which 7124 bigha and 10.7 biswa was Shamlat