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2005 Supreme(Del) 472

PRADEEP NANDRAJOG
ROHIT KOCHHAR – Appellant
Versus
VIPUL INFRASTRUCTURE DEVELOPERS LTD – Respondent


Advocates Appeared:
ARUN BHARDWAJ, P.V.KAPUR, RAJIV ROY, RAJIV VIRMANI, SHASHANK SHARMA

PRADEEP NANDRAJOG, J.

( 1 ) PRESENT order disposes of the preliminary objection raised by the defendants to the jurisdiction of this Court to entertain the present suit.

( 2 ) SUIT prays that :

"i)A decree for specific performance be made against the defendants and in favour of the plaintiff, commanding the defendants to transfer the right, title and interest in the suit premises to the plaintiff, by executing and getting registered sale deed/document to transfer the title of the suit premises totally ad-measuring 10,747 sq. ft. situated on the second floor of the fortune Global Hotel and Commercial complex, Gurgaon in terms of the contract dated 16/20. 01. 2004 for sale concluded between the parties. "

( 3 ) PLEADINGS pertaining to accrual of cause of action are :

"44. THAT the cause of action first arose on January 16, 2004 when the defendants made an offer to sell the suit premises to the plaintiff. The cause of action further arose on January 20, 2004 when the said offer dated January 16, 2004 was accept ed by the plaintiff and a payment of Rs. 20,00,000. 00 (Rupees twenty lacs only) was made by the plaintiff in favour of MAB Finlease limited on the request of the defendants. The










































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