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2012 Supreme(Del) 2231

V.K.JAIN
Nina Garments (Pvt. ) Ltd. – Appellant
Versus
Unitech Ltd. – Respondent


Advocates Appeared:
Mr. Ranjay M., Advocate for Plaintiff.
Mr. Pranav Sapra, Advocate for Defendant.

V.K. Jain, J.;—

1. This is a suit for specific performance of the agreement and in the alternative for recovery of the liquidated damages. It is alleged in the plaint that in the year 1989, the plaintiff booked 2 three bed room flats having an area of 1800 sq. ft. each at Curzon Road, New Delhi, by paying Rs. 3 lac each to the defendant. It is further alleged that the defendant assured the plaintiff from time to time that the construction work was in progress and the flats would be handed over to it, as soon as the construction was complete. It is further alleged that in January, 1994, when the representative of the plaintiff visited the office of the defendant, he was informed that since there was chronic delay in completion of the project at 7, Curzon Road, some alternative arrangements were being by allotting apartments at the residential complex being constructed at Janpath Lane. The plaintiff conveyed its acceptance of the alternative allotment vide its letter dated 26.2.1994. However, no allotment to the plaintiff was made even at Janpath Lane and it was informed that the property being situated in Luyten’s Delhi, time was being taken for obtaining necessary clearance. It is f






































































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