Nanak Chand Goyal vs Brijesh Jain & Anr.
2015 Latest Caselaw 4207 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2208/2011
      NANAK CHAND GOYAL                         ..... Plaintiff
                     Through Mr.Prag Chawla, Advocate with
                     plaintiff in person

                        versus

      BRIJESH JAIN & ANR.                       ..... Defendants
                     Through: Mr.Ram Niwas Buri, Advocate with
                     defendants in person

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 25.05.2015

1. Pursuant to the order dated 7.5.2015, the plaintiff is present

along with his counsel. Mr.Chawla hands over the costs of `10,000/-

as imposed on the said date to the counsel for the defendants.

2. On 10.4.2015, learned counsel for the defendants had stated

that he had made a fair offer to the plaintiff that his clients were

willing to execute a sale deed in respect of the suit premises in favour

of the plaintiff for the agreed sale consideration, after adjusting the

sum of `7,00,000/- received by them as earnest money, but with the

condition that the balance amount should be paid by the plaintiff with

simple interest @ 6% p.a.

3. It was in the light of the aforesaid submission that it was

deemed appropriate to direct the presence of the parties. The parties

are present today.

4. Learned counsel for the plaintiff states on instructions from his

client, that in view of the changed market conditions, due to which the

price of the suit premises has plunged, his client is no longer

interested in pursuing the present suit whereaunder, a decree of

specific performance in respect of House No.269, Pocket-18, Sector-

24, Rohini, Delhi has been prayed for. Instead, he states that the

plaintiff may be permitted to withdraw the present suit, while

reserving his right to seek recovery of the earnest money of

`7,00,000/- paid to the defendants, in accordance with law.

5. In view of the aforesaid submission, the present suit is disposed

of. As and when the plaintiff institutes a suit for recovery of the

earnest money paid to the defendants, the same shall be considered

by the competent court, in accordance with law and at that stage, the

defendants shall be entitled to take all the pleas that may be available

to them in law and on facts.

The interim order stands vacated.

The file be consigned to the record room.

HIMA KOHLI, J MAY 25, 2015 mk/ap