13 It is an admitted position that as per the said clause, the Appellants/Defendants collected a total sum of Rs.15,67,93,500/- from the members of the first to third Plaintiffs. On plain reading of clause 31, the said amount collected from the flat purchasers was to be retained by the Appellants/Defendants as a deposit till the Apex body was formed in terms of the Agreements. Clause 31 further provides that on formation of the Apex body, the said deposit shall be handed over to the Apex body. What important is that clause 31 provides that the said deposit shall be used as a corpus fund and the interest earned thereon shall be utilized by the Apex body for maintenance and management of infrastructural facilities such as internal roads, street lights, storm water drains, drainage system, etc. As far as the corpus fund is concerned it is provided that only the Apex body will have discretion to use the corpus fund for any of the said purposes. Thus, on plain reading of clause 31, it is crystal clear that the Appellants/ Defendants could not have touched any part of the amount collected which was to be retained as a corpus. At highest, interest earned could have been utilized for the maintenance and management of infrastructural facilities as provided in clause 31 of the Agreements.
