Manmohan Singh, J. (Oral)

1. By way of this order I propose to decide application being I.A. No.12426/2014 under Order 18 Rule 3 and 17 read with Section 151 CPC filed by the plaintiff.

2. It is stated in the application that the defendants had entered into a collaboration agreement dated 1st June, 2010 read with collaboration agreement dated 22nd October, 2010, with the plaintiff to develop the property bearing No.A-42, N.D.S.E. Part-II, New Delhi, measuring 250 sq.yds. When the defendants failed to perform their part of obligations, the plaintiff filed the aforesaid suit for specific performance. Out of the agreed consideration of Rs.2,95,00,000/-, the plaintiff had paid a sum of Rs.1,35,00,000/- before filing of the suit and had deposited the balance consideration of Rs.1,60,00,000/- in Court pursuant to order dated 12th January, 2011.

3. The defendants contested the suit by filing their written statement. On the pleadings of the parties, the issues were framed on 28th July, 2011 and thereafter the plaintiff filed its affidavit of evidence and proved the facts stated in the plaint by evidence by way of affidavit of Shri Ajay Sharma, Director of the plaintiff company a