Failure to establish readiness and willingness to perform a contract can impact the entitlement to the return of a contractual deposit.

ORDER

1. Delay condoned.

2. Leave granted.

3. Having heard the learned counsel appearing on behalf of the appellant and the learned counsel appearing on behalf of the respondent on caveat, we are of the view that the finding which has been recorded by the High Court while reversing the judgment of the Trial court in first appeal, does not call for any interference. The High Court has correctly held that the appellant who is the original plaintiff failed to establish his readiness and willingness to perform the agreement.

4. However, we are of the view that it would be appropriate and proper that the respondents be directed to return the deposit of Rs 51,000 (Rupees Fifty One Thousand Only) which has been paid by the appellant at the time of the execution of the agreement.

5. We accordingly, direct that the respondents shall repay the amount of Rs 51,000 to the appellant within a period of eight weeks from today together with interest at the rate of 6 per cent per annum from the date of the payment until refund.

6. The appeal is, accordingly, disposed of. No costs.