( 1 ) THIS petition is filed by the defendants in S. 309/93 under the provisions of Order XXXVII Rule 3 (5) of the Code of Civil Procedure. There was delay on the part of the petitioner to file this application and they had filed IA. 5112/93 under Order XXXVII Rule 3 (7) of the Code of Civil Procedure read with Section 5 of the Limitation Act to condone the delay. That petition is allowed by me. I, therefore, proceed to consider this petition on merits.

( 2 ) SUIT No. 309/93 is filed by Rajesh Ahuja son of Shri A. L. Ahuja against two defendants, viz. Manoj Mittal son of Shri D. D. Mittal and defendant No. 2 M/s. Cosmos Builders and Promoters. Plaintiff Rajesh Ahuja is having business in real estate and he was formerly Managing Director of Cosmos Builders and Promoters Pvt. Ltd. He had entered into a contract with Methodist Church in India on 26. 1. 1986 on behalf of Cosmos Builders and Promoters Pvt. Ltd. for raising some houses. At that time wife of Rajesh Ahuja was the principal shareholder alongwith Rajesh Ahuja of the said Cosmos Builders and Promoters Pvt. Ltd. Plaintiff had also devoted himself totally towards the success of his Battery Lane Project and he had su