KAILASH AGGARWAL Vs. ASHWANI SHARMA

JUDGEMENT

(1.) This judgment shall decide the present civil revision petition filed by the petitioner under Sec. 115 of the Civil Procedure Code, 1908 ,CPC who is the defendant in the suit filed by the plaintiff/respondent assailing the impugned order dtd. 24/3/2023 passed by the learned ADJ-04, South, Saket Courts, New Delhi,Trial Court in CS DJ No. 6791/2016, whereby the preliminary issue with respect to the suit being pre mature, was decided in favour of the plaintiff and against the defendant.

(2.) Briefly stated, the facts of the present case are that the plaintiff/Ashwani Sharma (respondent herein) is providing ground liasoning and consultancy services to its customers having its office at 116, Ansal Chamber-II, Bhikaji Cama Place, New Delhi-110066. The defendant/Kailash Aggarwal (petitioner revisionist herein), on the other hand, is running a firm in the name of Aggarwal Sales Corporation at Shop No. 5 and 6, 1865, Gurdwara Road, Kotla Mubarakpur, New Delhi-110003. In November, 2006, the defendant approached the plaintiff for its services for a consideration of Rs.35,50,000.00, which was satisfactorily discharged by the plaintiff and in discharge of its obligation of Rs.35,50,000.00, the defendant issued an account payee cheque bearing machine No.227121 dtd. 8/2/2010 under its signature in favour of the plaintiff.

(3.) It is pertinent to mention here that the plaintiff provided the liasoning and consultation services with respect to the acquisition of the ground floor of the property bearing No. A-16, Neeti Bagh, New Delhi from the occupants and co-owners of the property i.e. Dr. Shayamala Pappu D/o Sh. P.N. Murthi and Mr. R. Krishnamurthi S/o late Sh. M.K. Ramamurthi. The aforesaid deal with regard to the sale/transfer of the portion of the abovementioned property had been finalized for a total sale consideration of Rs.8,85,50,000.00. The service charge of Rs.25.00 Lacs each had been initially agreed upon to be paid both by the seller and the purchaser and after the finalization of the deal, a cheque No. 188650 dtd. 20/11/2009 drawn on Allahabad Bank, Anandlok Colony, New Delhi for a sum of Rs.25.00Lacs had also been issued by Mr. R. Krishnamurthi in favour of the plaintiff.