RAJIV SHAKDHER, SANJAY KISHAN KAUL, JJ.

IA No.6386/2008 (under Order 23 Rule 1 CPC) in CS (OS) No.1077/2000

1. The prayer made by the plaintiffs seeking unconditional withdrawal of the suit filed for foreclosure of mortgage or sale and in the alternative for recovery or `2,04,76,219.00 is being resisted by the defendant.

2. One Shri Shridev Sharma (for short „Mr. Sharma?) is stated to be the Director/Constituted Attorney and has controlling interests in all the plaintiff companies except plaintiff No.8. Mr. V.K. Misra (for short „Mr. Misra?), an acquaintance of Mr. Sharma is stated to have informed Mr. Sharma that he intended to initiate a luxury housing project for his son Mr. Gautam Misra for which he had identified 15 acres of land in Village Bamnauli, Tehsil Vasant Vihar, Near Brijwasan in the National Capital Territory of Delhi. It is the case of the plaintiffs that since Mr. Misra at that time was posted as the Controller of Defence Accounts at Meerut, U.P. and held a Government position, help of Mr. Sharma was sought for purchase of the land and also for a loan of `2.00 crore. Mr. Sharma is stated to have past experience in the real estate business in various capaciti