SC declines plea to restrain Dilip Kumar from selling plot

SC declines plea to restrain Dilip Kumar from selling plot

SC declines plea to restrain  Dilip Kumar from selling plot

In a relief to actor Dilip Kumar, the Supreme Court on Wednesday rejected a plea to restrain him from creating third parties rights over a plot in Mumbai till the arbitration of the dispute with a private developer.

A bench of Justices J Chelameswar and Abhay Manohar Sapre declined the request by Prajita Developers Pvt Ltd, represented by senior advocate C S Vaidyanathan, who challenged March 4 order of the Bombay High Court.

The counsel sought direction to maintain status quo on the land, also having a bungalow. The actor, his agents had on June 23, 2006, entered into a development agreement with the realty firm on the plot at Pali Hill Estate.

According to which, the owner as well as the developers had to share 50% each of residential premises to be built on the land. The Prajita developers had thus obtained the leasehold rights in the property together with the bungalow standing thereon by virtue of lease of September 25, 1953. But the developers failed to raise any constructions.

Senior advocate Abhishek Manu Singhvi, appearing for Dilip Kumar, submitted that the actor, who is already 94-year-old, had not been able to enjoy the property as the developers had not been able to raise the building as per the agreements.

He claimed out of the agreed sum of Rs 10 crore, only Rs 8.5 has so far been paid to the actor. The counsel opposed the argument for passing an injunction order against Kumar, saying the developer has lost concurrently and got no relief from the high court.

The high court had rejected the plea of the realty firm, noting “the breach committed by it and others goes to the root of the agreement of such contract and as there is no case of any waiver and/or extension of agreed time for further development, in view of express provisions, the contention that the time was not the essence of the contract, is unacceptable.”

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