BIRMALA PROJECTS PVT. LTD. Vs. NAKUL AHLUWALIA

JUDGEMENT

(1.) The instant application, I.A. 12343 of 2021, has been filed by the defendants under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, seeking rejection of the plaint.

(2.) The present suit has been filed by the plaintiff for the recovery of 2,14,41,950/-, along with pendente lite and future interest at the rate of 18% per annum from 2/3/2021, as well as for the grant of a permanent injunction. The controversy herein stems from a Collaboration Agreement executed on 9/12/2019 between the plaintiff and the defendants concerning the property bearing No. D-25, Anand Niketan, New Delhi, admeasuring 271.50 square yards [the suit property]. Pursuant to the terms of the agreement, the plaintiff paid a sum of 1,50,00,000/- to the defendants in cash, amongst payment by other modes, which came to be recorded in the terms of the Collaboration Agreement.

(3.) The plaintiff entity is a company incorporated under the Companies Act, 1956, and is engaged in the business of constructing and redeveloping immovable properties, either on a contractual or collaborative basis, and subsequently selling such properties. The Defendant No. 1 is the absolute owner of the suit property.