Defendants' admission of receiving the loan amount established their liability for repayment.

SANJEEV SACHDEVA, J.

IA No. 8588/2016 (under Order 12 rule 6 CPC)

1. The plaintiff has filed the subject Suit seeking recovery of Rs.15,68,63,508/- (principal amount of Rs.14,27,81,000/- + Rs.1,40,82,508/-, as interest @ 18% as on the date of the filing of the Suit), besides pendente lite and future interest at the rate of 18%.

2. The case of the plaintiff is that the plaintiff and defendants 3 to 6 had earlier entered into a transaction with regard to purchase of a property, on account of which friendly relations developed between the plaintiff and defendant Nos.3 to 6. Because of the friendly relations, the plaintiff advanced several amounts as loan, to the Companies of defendants 3 to 6, i.e. defendant Nos.1 & 2. It is also contended that between plaintiff and defendants, there were several transactions for sale and purchase of properties in the name of the wife of the plaintiff, which transactions were concluded. The loan given to defendants 1 and 2, at the asking of defendants 3 to 6, was a friendly loan repayable on demand.

3. It is contended that defendants repaid a part of the loan leaving the balance of Rs.14,27,81,000/-. Since the defendants failed to repay the loan, plaintiff demanded the same. However, on defendants refusing to repay the loan and contending that there was an Agreement to Sell between the parties for purchase of Spaces in the projects being developed by defendant No.1 and as such, the amount was not repayable, the plaintiff filed the present Suit.

4. The defendants have opposed the Suit contending that the plaintiff had not advanced any loan to defendants, however, had entered into an Agreement to Sell dated 25.08.2009 for purchase of Spaces bearing No.GF-06 and FF-08 in the Commercial Complex named as Gold Souk, Jaipur situated at plot No.2, Jagatpura Road, Near Jawahar Circle, Jaipur, Rajasthan, for a total sale consideration of Rs.33,71,85,000/-, for which an Earnest Money Deposit of Rs.3,37,18,500/- was paid by the plaintiff. The remaining payments were towards part sale consideration of the said Units bearing No. GF-06 and FF-08. It is contended that apart from the said two Spaces, the plaintiff agreed to purchase other Units/Spaces being TF-2 to TF-14, GF-2, GF-3, GF-4 and FF-9 in the Project at Gurgaon, Haryana, in the name of his wife. It is contended that initially, it was agreed that on payment of the entire sale consideration of all the Spaces agreed to be purchased at Jaipur and Gurgaon, the sale documents would be executed, however, since payments for the Spaces agreed to be purchased at Gurgaon were made fully and finally, Transfer Documents in respect of the Spaces purchased in Gurgaon Project were executed in favour of the wife of the Plaintiff.

5. It may be pertinent to note that there is some dispute, inter alia, with regard to the Assured Return/lease rentals claimed by the wife of the plaintiff from the defendants for the Gurgaon properties, which is the subject-matter of independent arbitration proceedings. These proceedings are without prejudice to the said arbitration proceedings pending between the Defendants and the wife of the Plaintiff.

6. Pending the present Suit, plaintiff has filed the subject application under Order XII Rule 6, inter alia, contending that it is admitted by the defendants that the sum of Rs.14,27,81,000/- has been received by defendants 1 & 2; defendant No.1 having received Rs.11,77,81,000/- and defendant No.2 having received Rs.5,00,00,000/-. Defendant No.1 has re-paid a sum of Rs.2,50,00,000/- leaving a balance of Rs.9,27,81,000/-, as principal amount due and defendant No.2 has not refunded any amount. It is disputed that any Agreement to Sell dated 25.08.2009 was executed between the plaintiff and defendant No.1. The said Agreement is stated to be forged and fabricated.

7. It is contended that even if assuming that Agreement to Sell dated 25.