JUDGMENT

1. This commercial division summary suit is instituted to recover a sum of Rs.1 Crore along with further interest at the rate of 18% p.a. from the date of the suit till payment and/or realization based on a negotiable instrument.

2. The material averments in the plaint can be summarized as under:

(a) Defendant no.1 is the proprietor of defendant no.2 - firm. Pursuant to the representation made by defendant no.1, the plaintiff agreed to purchase a Flat bearing No.901, in a building, Kamla Vihar, situated at Parekh Lane, Kandivali (W), Mumbai, then being redeveloped by defendant no.1 for a consideration of Rs.1,70,00,000/-. As instructed by defendant no.1, the plaintiff credited a sum of Rs.1 Crore by RTGS in the account of defendant no.2 and transferred a sum of Rs.46,00,000/- in the account of Jayant Mehta HUF. A further amount of Rs.22,80,000/- was also paid by the plaintiff by 30th April, 2015. Moreover, a sum of Rs.1,20,000/- was deposited with the authorities by way of TDS on 4th May, 2015. Accordingly, the entire consideration of Rs.1,70,00,000/- was parted with by the plaintiff.

(b) Under the terms of agreement, between the parties, the defendants had agreed to deliver p