RADIANCE REALTY DEVELOPERS INDIA LIMITED Vs. M. REKHA

JUDGEMENT

(1.) The applicant in IA No.1 of 2024 in COS SR. No.185 of 2024 aggrieved by the rejection of the said Interlocutory Application by order dtd. 29/7/2024 by the Principal Commercial Court, Egmore, Chennai has filed the present appeal.

(2.) COS SR.No.185 of 2024 had been filed by the appellant herein- Radiance Realty Developers India Limited, seeking a judgment and decree against the defendant M.Rekha to pay a sum of Rs.41,42,871.00 together with interest and future interest in accordance with the construction agreement dtd. 13/7/2020 and for costs of the suit.

(3.) In the plaint, it had been contended that the plaintiff had purchased a large extent of land measuring 48.6 grounds at Koyembedu in Chennai to form residential apartments under the name Radiance Icon. The defendant had booked an apartment on 13/3/2020 having carpet area of 1003 sq.ft in the first floor of Block B in Tower I for a flat bearing No.B 112. Thereafter, the plaintiff and the defendant entered into a construction agreement dtd. 17/8/2020 for construction of the flat. The total consideration for construction was Rs.85,11,281.00. The defendant also entered into a sale deed dtd. 17/8/2020 for the purchase of 499 sq.ft. of undivided share in the land for a sale consideration of Rs.50,14,950.00. Towards the consideration, the defendant had mortgaged the flat and the undivided share of the land and obtained housing loan.