VIRENDER KUMAR CHATURVEDI Vs. SHASHI

JUDGEMENT

(1.) Plaintiffs' application under Order 12 Rule 6 read with Sec. 151 of the Code of Civil Procedure (CPC in short) seeking pronouncement of judgment and drawing decree on the basis of alleged admission made by the defendant in the written statement, has been dismissed by the learned Trial Court on 10/1/2023, hence, the plaintiffs have taken recourse to these proceedings under Article 227 of the Constitution of India.

(2.) I have heard learned counsel for the petitioners.

(3.) A civil suit was instituted by the petitioners for recovery of Rs.83,29,497.00 alongwith interest pendent lite and future interest till actual realization. Gist of the plaint was that the defendant had approached the plaintiffs for taking over a petrol pump being run by the defendant. The offer was accepted by the plaintiffs. Sale consideration was fixed at Rs.1,50,00,000.00. The plaintiffs transferred an amount of Rs.83,29,497.00 on different dates to the defendant. The defendant did not perform his part under the agreement. Therefore, the civil suit was instituted by the plaintiffs for recovery of Rs.83,29,497.00 alongwith interest.