FAIRDEAL INDUSTRIES AND ORS Vs. RAMESH KUMAR SUNEJA

JUDGEMENT

(1.) C.M. No. 44154/2018(exemption)

(2.) (I). This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the Trial Court dated 06.09.2018 whereby the trial court has decreed the suit filed by the respondent/plaintiff for recovery of moneys being the amount claimed towards interest for the period of retention of the principal amount of Rs. 2,90,00,000/- received by the appellants/defendants under various agreements to sell entered into between the parties with respect to the property bearing No. D-56, Okhla Industrial Area Phase-I, New Delhi. The suit was filed for recovery of Rs. 99,80,672/- and has been decreed for Rs. 11,43,925/- as under:

(3.) (I). The facts of the case are that the appellants/defendants, as proposed sellers, entered into an Agreement to Sell with the respondent/plaintiff for the suit property, firstly, on 20.10.2011 for a total sale consideration of Rs. 6,11,00,000/- with a sum of Rs. 11,00,000/- being paid as earnest money. Another Agreement to Sell dated 21.06.2013 was entered into between the parties for a total sale consideration of Rs. 6,56,00,000/- and a further payment of Rs. 25,00,000/- was made to the appellants/defendants by the respondent/plaintiff. On 30.08.2013, the respondent/plaintiff paid another sum of Rs. 25,00,000/- by RTGS to the State Bank of India, NEPZ, Noida whereby a total sum of Rs. 61,00,000/- stood paid to the appellants/defendants by the respondent/plaintiff. Till 002014, a further sum of Rs. 99,00,000/- was paid by the respondent/plaintiff to the appellants/defendants and consequently a total sum of Rs. 1,60,00,000/- stood paid to the appellants/defendants by this date.