1 IN THE HIGH COURT OF BOMBAY AT GOA. APPEAL FROM ORDER 43 OF 2008. 1. Canacona Candos Pvt. Ltd. A Company incorporated under the Companies Act, 1956, having its registered office at “Devisharan”, No.16, Sindhi Colony, Andhra Pradesh – 500 003. 2. Mr. Pranava Singhal, Major of age, C/o. Canacona Candos Pvt. Ltd., With office at “Devisharan”, No.16, Sindhi Colony, Sardar Patel Road, Secunderabad, Andhra Pradesh – 500 003. 3. Mr. P. S. Kohli, Major of age, c/o. Canacona Candos Pvt. Ltd., With office at “Devisharan”, No.16, Sindhi Colony, Sardar Patel Road, Secunderabad, Andhra Pradeash – 500 003. 4. Arabian Sea Resorts Ltd., A Company registered under The Companies Act, 1956, Having its registered office at “Devisharan”, No.16, Sindhi Colony, Andhra Pradesh 500 003. ... Appellants. V/s. 2 Mr. Manpreet Singh Rana alias Nicky Rana, son of R. S. Rana, aged about 37 years, businessman, residing at H. No. A-300, Defence Colony, New Delhi – 110 024. ... Respondent. Mr. Shivan Dessai, Advocate for the Appellants. Mr. Sudin Usgaonkar, Advocate for the Respondent. CORAM: A. H. JOSHI., J. DATE :1st September, 2009. O R D E R: 1. Heard. 2. Only ground very fervently raised is that letter dated 1.4.2004 written by the defendant /company, does not constitute a promise to convey a villa. 3. Perusal of letter dated 1.4.2004 reveals the following:- “ As discussed we agree to pay interest on payments made by you towards booking of the Studio Units from date of payment at the rate of 2% p.m. till 11th Sept. 01 and thereafter at 1% p.m. This amount will be paid to you in the form of villa space at the same rate as sold to Mr. Vikram Bakshi i.e. Rs.1,140/- per sq. foot. This space will be secured to you by entering an MOU to this effect. However allocation of the space will be as per revised architectural layout/drawings, which are to be finalized. You also have an option to buy an independent 3 villa of which part space will be allocated against payment due to you and the balance space will be at current market rate i.e. sale price of last villa, currently @ Rs.1,495/- per sq. foot. This option may be exercised by you on or before 31.12.2004. This letter, is a Memorandum of Understanding between us and but will be validated after this is signed by you as a token of acceptance and sent back to us. With regards Sd/- PRANAVA SINGHAL MANAGING DIRECTOR”. (From additional set of documents supplied by the appellant)) 4. The quoted portion with underlined portions clearly, prima facie, disclose a promise, enforceable at law to sell the villa etc. for agreed price, receivable /received in the manner prescribed therein. 5. Impugned order, which is well reasoned order, therefore, does not call for interference. 6. Appeal has no merit, and is dismissed with costs. A. H. JOSHI. Ah/-. 4