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2015 Supreme(Del) 1734

VALMIKI J.MEHTA
FUTURISTIC SOLUTIONS LIMITED – Appellant
Versus
NIRMAL PROMOTERS PRIVATE LTD – Respondent


Advocate Appeared:
Mr. Krishnendu Datta and Mr. Rohit Priya Ranjan, Advocate.
Mr. Jinendra Jain, Mr. Shekhar Raj Sharma, Mr. Shaswat Bhardwaj, Mr. Abhishek Jain and Mr. R.P. Kaushal, Advocates for D-1.

JUDGMENT

VALMIKI J. MEHTA, J.

1. This is a suit for specific performance of a stated Agreement to Sell/ Memorandum of Understanding (MOU) dated 24.5.2005. Plaintiff company, M/s Futuristic Solutions Limited is the proposed purchaser. Defendant no.1 company, M/s Nirmal Promoters Private Ltd is alleged to be the proposed seller. Defendant nos. 2 and 3 are the fathers of defendant nos. 4 and 5 respectively. Defendant nos. 4 and 5 are the shareholders and Directors of the defendant no.1 company. Defendant nos. 2 and 3 as per the plaintiff are said to have been acting for and on behalf of the defendant no.1 company and as per the directions of defendant nos. 4 and 5. The suit property is an agricultural farm measuring 12 bighas and 8 biswas, as per the mutation dated 21.9.1993, located in village Ghitorni, New Delhi (approximately 12350 sq yds). Total price payable for the suit property as per the plaintiff was a sum of Rs. 2,37,50,000/-. Of the total price a sum of Rs.5 lacs was paid as per the plaintiff to the defendants no.2 and 3 for the defendant no.1 company on the date of entering into of the MOU on 24.5.2005. The case of the plaintiff is that the defendant no.1 company committed b
































































































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