NITIN GUPTA Vs. TEXMACO INFRASTRUCTURE & HOLDING LIMITED

JUDGEMENT

(1.) Ia No.9/2019 (of plaintiff u/S 151 CPC)

(2.) The plaintiff has instituted this suit for recovery of Rs.2,36,95,461/-. It is inter alia the case of the plaintiff, (i) that the defendant had agreed to sell an immovable property to the plaintiff and one Ashwini Kumar Somany; (ii) that the plaintiff and the said Ashwini Kumar Somany paid a sum of Rs.1,75,00,000/- in pursuance to the said Agreement to Sell; (iii) that the said amount of Rs.1,75,00,000/- along with interest has already been returned by the defendant to the plaintiff and the said Ashwini Kumar Somany upon the Agreement of Sale of immovable property not fructifying; and, (iv) the plaintiff however, besides the said sum of Rs.1,75,00,000/- paid along with Ashwini Kumar Somany had also paid a sum of Rs.1,25,00,000/- in cash to the defendant. This suit has been instituted for recovery of the said amount of Rs.1,25,00,000/- with interest.

(3.) Needless to state, the defendant is contesting the suit.