ROHIT KOCHHAR Vs. VIPUL INFRASTRUCTURE DEVELOPERS LTD

JUDGEMENT

(1.) These petitions arise from a common order passed by a Division Bench of the High Court of Delhi dtd. 11/3/2008 in FAO(OS) Nos.196-197/2005 and FAO(OS) No.205/2005 respectively, by which the appeals filed by the respondents herein came to be allowed and the plaint was ordered to be returned to the petitioner herein for presenting it before the appropriate court having territorial jurisdiction to try the suit for specific performance.

(2.) The petitioner herein, who is the original plaintiff, instituted Civil Suit No.1138/2004 in the Delhi High Court on its original side for permanent injunction and specific performance of the contract dated 16/20/1/2004 entered into with the respondents herein, the original defendants, in connection with a commercial property admeasuring 10,747 sq. ft. situated on the second floor of the Fortune Global Hotel & Commercial Complex in Gurgaon ("suit property").

(3.) It is the case of the plaintiff that sometime in September 2003, the original defendant no. 2 offered to sell to it commercial space of approximately 10,000 sq. ft. on the second floor of the commercial complex of the Fortune Hotel and Commercial Complex project which was being developed by the defendants. After discussions and negotiations regarding the same, a written communication was received by the plaintiff on 16/1/2004 containing the aforesaid offer in relation to the suit property and the terms and conditions for the transaction.