The petitioner is the plaintiff and respondents 1 to 3 are defendants 1 to 3 in O.S. No. 15045 of 2001. The said suit is filed to recover a sum of Rs. 19,33,74,411/- jointly and severally from respondents and others along with interest at the rate of 30% p.a. and all other consequential reliefs. Suffice it to say that the proceedings had a checkered career.

2. The facts giving rise to the present proceedings could be summarised as follows:

In terms of certain Memorandum of Understanding dated 29-9-1995, the petitioner had paid a sum of Rs. 3.52 crores to the 1st respondent and an additional sum of Rs. 2.88 crores to the 3rd respondent in all aggregating to Rs. 6.40 crores. In terms of the said agreement between the parties, the respondents were not in a position to develop the immovable' properties agreed to be sold under the said Memorandum of Understanding the respondents who are the defendants would refund the said amount paid by the petitioners together with interest. Since the said amount was not paid by the respondents, the present suit is filed for recovery of the said amount which in inclusive of interest. It appears certain correspondence has taken place between the