SKYLINK CONSTRUCTION PVT. LTD. Vs. SACHIN MITTAL

JUDGEMENT

(1.) By this order, I shall decide I.A. No. 5167/2021 filed by the defendant No.1 for setting aside the decree dated March 9, 2021 whereby this Court decreed the suit filed by the plaintiffs under Order XXXVII CPC in so far as the defendant No.1 / applicant is concerned for ?4 Crores along with interest @ 18% per annum w.e.f. March 12, 2018 till realisation on the ground that despite service through e-mail on February 6, 2021, defendant No.1 / applicant has not appeared in the proceedings. The order dated March 9, 2021, reads as under:

(2.) The brief facts for considering this application are, the suit has been filed by the plaintiffs under Order XXXVII CPC for recovery of ?4 Crores against two defendants along with interest @ 18% per annum from the date of default, i.e., March 2, 2018.

(3.) It is the case of the plaintiffs that plaintiff No.2 is the owner of a freehold property bearing No. B-8, admeasuring 500 Sq. Yds., Green Park Main, New Delhi - 110016 vide sale deed executed on December 9, 2009. Being the absolute owner, plaintiff No.2 entered into a collaboration agreement with plaintiff No.1 for reconstruction / redevelopment of the suit property. Pursuant to the collaboration agreement, plaintiff No.1 reconstructed the suit property comprising of basement / stilt, ground floor, first floor, second floor and third floor with terrace after dismantling the old structure. As agreed in the collaboration agreement, the entire basement of the said property had fallen to the share of the plaintiff No.2 and entire ground floor, first floor, second floor and third floor with terrace along with stilt area for car parking along with 22.5% indivisible / undivided and impartibly freehold ownership rights in the land underneath had fallen to the share of the plaintiff No.1.