1. The Plaintiff has filed CS(OS) No.2169/2009 praying for Specific Performance and injunction pertaining to immovable property bearing No.B-35, Friends Colony(West), New Delhi by virtue of a Collaboration Agreement and the Memorandum of Understanding (MoU) entered into between the parties on 11.9.2007. In terms of this Agreement, a sum of Rupees 21,00,000/- had been paid by the Plaintiff/Appellant to the Defendant/Respondent. The Collaboration Agreement envisaged that upon completion of construction on the plot of land, the Plaintiff would be owners of the Basement, Ground Floor with Front Lawn and Rear Courtyard, Second Floor along with Terrace over the entire Second Floor, two servant quarters with common W.C. on the top terrace, two car parking spaces in the driveway, use of common areas, facilities and services. The Defendants were entitled to the title and possession of the First Floor together with a sum of Rupees 2.25 crores. The Plaint asserts that the Defendant has committed willful breach of the Collaboration Agreement and the MoU. The Plaintiff has quantified the damages at Rupees 3.5 crores.

2. The Plaint discloses that the property has not been conv