JUDGMENT

Altamas Kabir, J.

1. Leave granted.

2. This Appeal has been filed by Leela Hotels Ltd. against the judgment and order dated 20th July, 2009, passed by the Division Bench of the Delhi High Court in EFA(OS) No.4 of 2009, heard along with several Miscellaneous Applications setting aside the order dated 19th November, 2008, passed by the learned Single Judge, who had directed payment to the Appellant herein as per its calculations. It is the common case of the parties that on 17th October, 1996, the Housing and Urban Development Corporation Ltd. (HUDCO) invited offers for grant of sub-lease of land measuring 11,480 sq. meters in HUDCO Place situated in Andrews Ganj, New Delhi, for construction of a Five-Star Hotel thereupon. The Appellant herein being the highest bidder, a letter of allotment of the said land was issued to it on 31st March, 1997, which was followed by a perpetual sub-lease dated 4th July, 1997. Out of the total consideration, the first instalment comprising 40% of the consideration amount was paid by the Appellant herein on 10th April, 1997. The second and third instalments, each amounting to Rs.65,38,29,000/-, were payable by 31st March, 1998, and 31st March