21. With respect to the payment of compensation for difficulty cases, it is argued that the respondent has already paid all the payments of this compensation to the petitioner`s members. The copy of the IOD obtained by the respondent has already been made available to the petitioner. With regard to the issue of the obligation to compensate the petitioner, it is argued that the form of this debt was already provided for in the agreement on page 52 and was in any case not addressed in advance by the petitioner. The development contract is not registered. It`s just notarized. Also, I have a photocopy of the agreement, but the original is with the builder. 32. Given that the petitioner`s buildings are in a dilapidated state, it would be in the interests of justice and the balance of comfort in favour of the respondent that the petitioner could take action before any undesirable incident to designate another real estate developer and continue the rehabilitation of his real estate. On the other hand, if the respondent succeeds in arbitration, the respondent would be entitled to compensation.
The respondent would therefore be prejudiced. … The respondent`s question of present nature cannot be accepted.6. In light of the Schedule D contract, the lease is terminated unilaterally. In identic… and the unilateral execution of an act of termination, the exclusion of a previously concluded tenancy agreement. The order mentioned above, on the Sri. Harish S. Maigur put the trust, directly… Cases of petitioners who did not even receive a complaint because of the performance by the respondent before the award of the contract, as in Annexure-D, and the unilateral termination of the sale of Leasing… You can provide the developer with a legal reference to the return of the document if it is only a notarized contract that announces the termination of the contract due to its delay in launching the project despite more than two years from the date of the agreement.
15. The petitioner`s qualified counsel argues that the respondent was faced with financial problems and that he undertook to take action under the above development agreement, resulting in a serious emergency for members of the petitioning society. The respondent repeatedly asked the petitioner to grant leave to amend several amendments proposed by the respondent and to extend the time to comply with the respondent`s obligations. Although the petitioner granted such leniency, the respondent has not yet made progress. I have a plot of land for which I have a development contract with a contractor. Now, after 2 years, he does not start the project by invoking the financial issue.
