# In the matter of D. Hymavathi Reddy Vs Prajay Engineers Syndicate Ltd. &. Ors. IA Nos. 842 & 843-2018 In CA (AT) No. 179-2018

> NCLAT judgment dated 2018-06-26. Citation: TCN-2018-NCLAT-00237. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 26 Jun 2018
- **Citation:** TCN-2018-NCLAT-00237
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/d-hymavathi-reddy-vs-prajay-engineers-syndicate-ltd-ors-ia-nos-842-843-2018-in-c-616673ef

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning a dispute related to the execution of agreements or sale deeds between the appellant, D. Hymavathi Reddy, and the respondents, Prajay Engineers Syndicate Ltd. & Ors., specifically involving home buyers. Intervention Applications were filed by Mr. Abhijeet Gupta, representing home buyers, who was impleaded as a Proforma Respondent.

## Facts

D. Hymavathi Reddy is the appellant in a case against Prajay Engineers Syndicate Ltd. & Ors. before the National Company Law Appellate Tribunal (NCLAT). The case concerns the execution of agreements or sale deeds, with Mr. Abhijeet Gupta, representing home buyers, being impleaded as a Proforma Respondent. The NCLAT directed the appellant and respondents to meet to facilitate the execution of these documents. The order was issued on June 26, 2018, and the case was related to Company Appeal (AT) No. 179 of 2018. The core issue revolves around the completion of 'Execution of Agreement' or 'Sale Deed' for the home buyers.

## Issues and analysis

### Issue 1: Whether the Appellant's cooperation is essential for the execution of agreements or sale deeds …

**Ratio:** The legal principle is based on the need for cooperation between parties in contractual

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**Reasoning:** The court reasoned that the execution of agreements or sale deeds requires the

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**Interpretation:** The interpretation is that both parties have a responsibility to act in good

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**Application:** The ratio and reasoning are applied to the specific facts by directing the

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…
- **Appellants:** D. Hymavath…
- **Respondents:** Prajay Engineers…

## Timeline

- **2018-05-31 — Appellate Tribu…**: Reference to an order of this…
- **2018-06-26 — Order Da…**: The Intervention Applications have been filed by Mr. Abhijeet Gupta, one of the home…

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