S.RAVINDRA BHAT
SANJAY PASSI – Appellant
Versus
IQBAL CHAND KHURANA – Respondent
S.RAVINDRA BHAT, J.
I.A. Nos. 7865/2009 (Under Order 39 Rule 1 & 2), 9346/2009 (Under Section 151- reg. tendering of balance sale consideration) and 15611/2009 (Under Section 151 – for directing Defendant Nos. 1 and 2 to deposit money in the Court)
1. This order will dispose of three applications by the parties - I.A. Nos. 9346/2009, 7865/2009 and 15611/2009.
2. The suit seeks a decree, for specific performance of an Agreement to sell in respect of 56, Golf Links (hereafter called “the suit property”). The Agreement to sell was entered into with the Defendant Nos. 1 and 2 (hereafter referred to as “vendors”). The salient terms of the agreement were that the total consideration agreed upon was Rs. 100 crores; the entire amount was to be paid by the plaintiff on or before 06.06.2008; concededly, the period could be extended by three months – a facility indicated in clause 2(a). The plaintiff submits having paid Rs.10 crores, to the vendors on 06.12.2007 itself, and paid a further amount of Rs. 5 crores, on 17.04.2008.
3. The plaintiff contends about having enclosed a draft letter to the defendant, to be sent to the Punjab National Bank (hereafter referred to as “PNB”), to enab
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