LAWS(HPH)-2006-11-24

VIKRAM MEHRA Vs. SARAS POLY PACK PVT.LTD.

Decided On November 20, 2006
Vikram Mehra Appellant
V/S
Saras Poly Pack Pvt.Ltd. Respondents

JUDGEMENT

(1.) THIS suit has been filed by the plaintiff for recovery of Rs.14 lakhs from the defendants.

(2.) ADMITTED facts are that the plaintiff Vikram Mehra entered into an agreement with defendant No.2 Y.L. Dhawan who was the Managing Director of defendant No.1 Saras Poly Pack Pvt. Ltd. on 21st March, 2003 whereby the defendants No.1&2 agreed to sell plots No.43, 44 and 45, Sector 5, Parwanoo, Tehsil Kasauli, District Solan, H.P. to the plaintiff for a total consideration of Rs.59 lakhs. A sum of Rs.5 lakhs was paid as earnest money on 21.3.2003 itself. The agreement contained a stipulation that out of the balance amount of Rs.54 lakhs, Rs.30 lakhs would be paid to the seller on or before 20.4.2003.

(3.) CLAUSE 11 of the agreement provided that copies of the no dues certificate shall be handed over to the purchaser upto 30th April, 2003. Clause 12 provided that the last date for completion of the bargain was on or before 20th May, 2003.