(1.) The plaintiff has sought Specific Performance of Agreement to Sell dtd. 9/2/2006 in respect of the Property bearing D.S.I.D.C. Shed No. 8384 situated at Okhla Industrial Area, Phase-II, Scheme-I, New Delhi-110020 (hereinafter referred to as 'the suit property') and Permanent Injunction for restraining defendant from creating third party rights in the suit property.
(2.) The facts in brief are that the plaintiff entered into an Agreement to Sell dtd. 9/2/2006 in respect of the suit property with the defendant for a total consideration of Rs.1,24,00,000.00. The plaintiff paid a sum of Rs.24,00,000.00 through cash and cheque with the acknowledgement in the Agreement itself. Clause 2 of the Agreement provided that the balance amount of Rs.1,00,00,000.00 would be paid by the plaintiff within 15 days of the registration of the Conveyance Deed in respect of suit property in the name of the defendant by Delhi State Industrial Development Corporation (hereinafter referred to as 'D.S.I.D.C.') and the defendant shall deliver the vacant possession of the suit property to the plaintiff thereof.
(3.) Clause 7 of the Agreement provided that if the Conveyance Deed is not received from D.S.I.D.C by 30/4/2006, the Agreement shall be treated as cancelled and the first party (defendant) shall be entitled to the refund of entire amount. However, it is also stated that the Agreement may be extended at the discretion of the plaintiff herein. Further, Clause 9 of the Agreement provided that it is an irrevocable Agreement. The three clauses read as under:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN