MAHESH SINGHAL Vs. BHUPINDER NARAIN BHATNAGAR

JUDGEMENT

(1.) The plaintiff has filed the accompanying suit seeking specific performance of an agreement to sell dated 08.08.2011. As per the plaint, the plaintiff entered into an agreement to sell with the defendant whereby the defendant agreed to sell property bearing No. 213, Dayanand Vihar, Delhi- 110092 admeasuring 163 sq. yards for a total consideration of Rs.3.83crores. A sum of Rs. 10 lacs was paid as earnest money at the time of signing of the agreement to sell and purchase. It is averred in the plaint that the balance sale consideration of Rs. 3.73 crores was to be paid by the plaintiff to the defendant on or before 15.01.2012.

(2.) This matter came up for hearing before the Court on 13.02.2012 when the learned counsel appearing for the plaintiff made a submission that the plaintiff is ready and willing to deposit the balance amount of Rs. 3.73 crores in the form of Fixed Deposit before this Court. Subject to deposit of the said sum in the form of Fixed Deposit Receipt within a period of four weeks, the defendant was restrained from creating any third party interest or to transfer possession of the same in favour of any third person till further orders. The plaintiff has deposited the said FDR of Rs. 3.73 crores.

(3.) The above interim orders were passed in IA No.27172/2011 which has not yet been disposed of. The plaintiff has in the meantime filed the present application IA No.2269/2012 for modification of the said interim orders passed by this Court on 13.2.2012.