SHEELA GEHLOT Vs. SONU KOCHAR

JUDGEMENT

(1.) The plaintiff has filed the suit for specific performance or, in the alternative, for recovery of damages in respect of property bearing No. 60, Poorvi Marg, Vasant Vihar, New Delhi measuring 819 sq.yds.

(2.) The plaintiff had filed an application under Order 39 Rule 1 and 2 read with section 151 CPC (hereinafter referred to as 'the Code') for ad interim injunction in respect of the property in question along with the suit and interim orders were granted on 11.5.2005 directing status quo to be maintained in respect of property at the stage when the summons were issued in the suit. Thereafter certain directions were passed for the plaintiff to appear in court along with documents to show that the plaintiff was capable of making the payment of Rs.9.3 crores which was the stated consideration by the plaintiff in respect of the property in question and for the plaintiff to produce Income Tax Returns and pass book of bank accounts maintained by her. The plaintiff filed an affidavit with Income Tax Returns for the assessment year 2005-2006 along with details of bank account. The bank account showed meagre amounts of couple of thousand rupees. It was found that the plaintiff was not in a position to pay the stated consideration and thus the application was dismissed.

(3.) The plaintiff, aggrieved by the said order, filed an appeal before the Division Bench and the appeal was disposed of by the order dated 10.8.2005. This order was passed on agreement of the counsel for the parties that in view of the documents filed by the plaintiff, matter required a deeper consideration. The plaintiff showed a document from the HDFC Bank showing the financial capacity and that document was permitted to be filed in court. It is in view thereof that the application has come up again for hearing.