REVATI MOHITE DERE, J.

1. This appeal is directed against the judgment and order dated 9th June, 2015 passed by the learned Single Judge of this Court in Suit No. 603 of 2005 by which the appellants’ suit came to be dismissed. The two short questions that essentially arise for consideration in the present appeal are:-

(i) Whether or not there was a concluded contract in terms of the correspondence exchanged by emails between the appellants/plaintiffs and the respondent/defendant, in particular, emails dated 19th and 20th December, 2004?

(ii) Whether the unsigned Memorandum of Understanding (MOU) which is at Exhibit ‘O’ to the Plaint could be said to be a concluded contract and as such valid, subsisting and binding on the respondent/defendant?

2. For convenience, hereinafter, the appellants will be referred to as plaintiffs and the respondent as the defendant.

3. Few facts which are necessary to decide the said controversy are as under:-

The plaintiffs were looking to buy a flat at Nepean Sea Road/Malabar Hill area in or around August 2004. Accordingly, the plaintiffs’ broker one Mr. Jayesh Shah informed the plaintiffs that a flat belonging to the defendant was available for sal