Rajiv Sahai Endlaw, J.

On 17th December, 2018, when various applications pending in this Suit and Counter Claim were listed for hearing, the following order was passed:-

"IA No.14020/2016 (of the plaintiff under Order XII Rule 6 CPC), OA No.65/2017 along with IA No.4303/2017 (for condonation of delay of 13 days in filing the Chamber Appeal), OA No.71/2017, IA No.4764/2017 (for condonation of delay of 15 days in filing the Chamber Appeal) and IA No.1483/2017 (of the plaintiff under Order VII Rule 11 of the CPC for rejection of counter-claim)

3. The counsel for the plaintiff and the senior counsel for the defendant no.1 have been heard.

4. The plaintiff has instituted this suit for recovery of Rs.1.85 crores claimed to have been paid by the plaintiff to the defendant no.1 under a document dated 2nd November, 2012 titled "Re-purchase Agreement".

5. The senior counsel for the defendant no.1 on enquiry has stated that the defendant no.1 does not controvert the receipt of Rs.1.85 crores from the plaintiff.

6. The Re-purchase Agreement inter alia provides that, (i) under the Memorandum of Understanding (MOU) dated 26th November, 2010 between the defendant no.1 and Krish Realtech Pvt.