Delhi High Court
V.K.R. Constructions Private ... vs Shri Colonizers And Developers ... on 19 May, 2020
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Pronounced on :19.05.2020
+ CS(OS)425/2017
V.K.R. CONSTRUCTIONS PRIVATE LIMITED ... Plaintiff
Through Mr.Ram Singh Chauhan,
Mr.Amit Singh Chauhan and
Mr.Hemant Chauhan, Advs.
versus
SHRI COLONIZERS & DEVELOPERS PVT. LTD. & ANR..Defendants
Through Mr.Raman Gandhi and
Ms.Harsha Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (JUDGMENT)
IA No.12606/2017 in CS(OS)425/2017
1.
This application is filed by the defendants under Order 37 Rule 3(5) of the
Code of Civil Procedure (hereinafter referred to as "CPC") seeking leave to
defend.
2. The present suit/plaint is filed by the plaintiff for recovery of
Rs.2,80,00,000/- alongwith interest. The case of the plaintiff is that in April
2013 defendant No.2 approached the plaintiff on behalf of defendant No.1 and
offered to sell the hotel site No.1 at international business Bay-2 in IBB-2,
Sushant Golf City, Sultanpur Road, Lucknow. The plaintiff agreed to purchase
the said property for a total sale consideration for Rs.6,86,40,000/-. In
confirmation of the said Agreement for Sale, plaintiff paid defendant No.1 an
amount of Rs.1 crore on 26.04.2013. Subsequently, an Agreement to Sell was
CS(OS)425/2017 Page 1
executed between the plaintiff and defendants on 14.2.2014 wherein receipt of
the advance/earnest money of Rs.1 crore was acknowledged. The balance sale
consideration of Rs.5,86,40,000/- was to be paid on or before 30.6.2014 at the
time of execution of the Sale Deed.
3. Later on, the defendants also offered residential FSI area in the Group
Housing at Sushant Golf City, Sultanpur Road, Lucknow at a discounted price.
Defendant No.2 on behalf of defendant No.1 offered to sell the residential FSI
area of 1 lac sq.ft. at the rate 400 per sq.ft.in the Group Housing at Sushant Golf
City, Sultanpur Road, Lucknow. The defendant agreed to purchase the said
residential property for a total sale consideration of Rs.3,93,60,000/- on
03.03.2014.
4. Ultimately, on 9.1.2015 the plaintiff paid a total payment of
Rs.2,80,00,000/- and Vandana Farms and Resorts Private Limited, a sister
concern of the plaintiff paid Rs.8,00,00,000/- to the defendant for the aforenoted
transaction. Hence, the entire sale consideration was paid towards the hotel
property and the residential property.
5. Thereafter the plaintiff and defendants and the sister concern of the
plaintiff Vandana Farms and Resorts Private Limited executed an MOU dated
19.12.2016 whereby the defendants agreed to repay the entire amount with
interest within a period of six months alongwith interest @ 18% compounded
quarterly. Hence, as there has been a breach of the said MOU the present suit is
filed claiming a sum of Rs.2,80,00,000/- alongwith 18% interest compounded
quarterly being a total of Rs.5,48,64,394/-.
6. I may note that the sister concern of the plaintiff for the same series of
transactions had filed a suit being CS(OS)424/2017 titled "Vandana Farms and
Resorts Private Limited vs. Shri Colonizers and Developers Private Limited".
That suit is also filed under Order 37 CPC. In that suit the application of the
CS(OS)425/2017 Page 2
defendant being IA No.12605/2017 seeking leave to defend has been dismissed
by this court by a separate judgment written today. The facts of this case and the
defences raised by the defendant are virtually akin to CS(OS)424/2017 titled
"Vandana Farms and Resorts Private Limited vs. Shri Colonizers and
Developers Private Limited". For the same reasons as stated in the said
judgment, the present application seeking leave to defend is dismissed.
CS(OS)425/2017
7. As the application for leave to defend being IA No.12606/2017 has been
dismissed the present suit is decreed. A decree is passed in favour of the plaintiff
and against the defendants for a sum of Rs.5,48,64,394/-. Plaintiff shall also be
entitled to Simple Interest @ 12% per annum from the date of filing of the suit
till the date of decree. Plaintiff shall also be entitled to future interest @ 12% per
simple interest from the date of decree till recovery. Plaintiff shall also be
entitled to costs.
8. Suit stands disposed of. All pending applications, if any, also stand
disposed of.
JAYANT NATH
(JUDGE)
May 19, 2020
n
CS(OS)425/2017 Page 3
