DAXA N GANDHI Vs. INDIRA MARUTI VARADKAR

JUDGEMENT

(1.) THIS Chamber Summons has been taken out by the defendants in the following circumstances.

(2.) THE plaintiffs filed the above suit for specific performance of an agreement dated 6th April, 1984 executed between the plaintiffs and the defendants for sale of Flat No. 5, situated on the second floor of the Samarath Nagar Tenants Co-operative Housing Society Ltd. , Bombay-22, and for certain other reliefs. The defendants had contested the suit. However, during the pendency of the suit, the parties arrived at consent terms. Accordingly, a consent decree was passed in terms of the consent terms on 21st September, 1989. Clause 1 of the consent terms provides for decree in terms of prayers (a)--for declaration that the agreement is valid and subsisting and the defendants are bound and liable to specifically perform the same; (b) for completing the sale and for delivering vacant possession and for doing all other necessary things for the purpose of completion of the sale; and (f) for costs. Clause 2 of the consent terms, which is the relevant clause in this Chamber Summons, is as follows:

(3.) THE defendants state that for the purpose of compliance with Clause 2 of the consent terms, they had to take loan from their friends and relatives. They collected a sum of Rs. 1,20,000/- by 31st March, 1990 and for payment of the balance sum of Rs. 2,30,000/- they were seeking a loan from a married daughter of the 1st defendant, who, in turn, had to get the same from a bank. The defendants say that the bank had sanctioned the loan and they wanted about 30 days time, that is to say, upto 1-5-1990 to pay the balance. It is in these circumstances, they seek an extension of time to pay the said sum of Rs. 3,50,000/ -. This Chamber Summons was taken out on or about 2nd April, 1990 and they moved the Court first with the request that they be permitted to deposit a sum of Rs. 2,00,000/- by 4th April, 1990, as by that time they could collect that much amount. They deposited the said sum of Rs. 2,00,000/- on 4th April, 1990. The Chamber Summons was argued on 10th April, 1990 and on that day, Mr. Walawalkar stated that they could arrange the balance of Rs. 1,50,000/- also and that they were in a position to deposit the amount. Immediately on the Court passing an order in their favour. Mr. Walawalkar stated further that they could collect the entire amount by 6th April, 1990.