PARSHOTTAM PARKASH Vs. SWATI BHARARA

JUDGEMENT

(1.) Though hearing on 9th May, 2013 was commenced on IA No.2634/2012 of the defendant no.1 under Section 8 of the Arbitration & Conciliation Act, 1996 but during the course of hearing a doubt was raised as to the very maintainability of the suit and arguments on that aspect also were heard and orders reserved.

(2.) The two plaintiffs i.e. Shri Parshottam Parkash and his wife Smt. Sita Devi have instituted this suit for recovery of balance sale consideration of Rs.1,03,80,000/- together with interest thereon i.e. total Rs.1,38,05,400/- and in the alternative for declaration of the Agreement to Sell (recovery of balance sale consideration whereunder is claimed as aforesaid) as illegal, fraudulent, sham and bogus and for cancellation of the General Power of Attorney also executed in pursuance thereto and for recovery of possession of HIG flat No.407, Savera Apartments, Sector-13, Rohini, Delhi 110 085 and for permanent injunction restraining the defendants from dealing with or parting with possession thereof.

(3.) Summons of the suit and notice of the application for interim relief were issued, though no interim relief granted. The defendants no.2&3 and the defendant no.4 have filed written statements. The defendant no.1 as aforesaid has applied under Section 8 of the Arbitration & Conciliation Act, 1996.