HIMA KOHLI, J.

I.A. 24684/2014 (by D-1/DDA under Order VII Rule 11 CPC)

1. The present application has been filed by the defendant No.1/DDA praying inter alia that the suit instituted by the plaintiff/ company for recovery of a sum of Rs.46,85,671/- towards interest on the principal amount of Rs.63,12,500/- retained by the DDA between 07.12.2008 till 29.01.2013, alongwith future interest @18% per annum thereon, is liable to be rejected, being barred under Section 53B of the Delhi Development Act, 1957 (hereinafter referred to as ‘the Act’).

2. The relevant facts for determining the controversy raised in the present application are that in the year 2008, the defendant No.1/DDA had issued an advertisement for auctioning a plot bearing No.4, near plot No.A-373, Defence Colony, New Delhi, measuring 91 sq. meters. The plaintiff/company had participated in the auction held for the subject plot on 17.12.2008. The reserve price of the subject plot was fixed by the defendant no. 1/DDA as Rs.1,29,90,614/-. The plaintiff/company was declared as the highest bidder at Rs.2,52,50,000/