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2021 Supreme(Del) 739

ASHA MENON
Sameer Madan – Appellant
Versus
Ashok Kumar Kapoor – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Kishore M. Gajaria, Mr. Aayush Paranjpe.

JUDGMENT :

ASHA MENON, J.

1. The suit has been filed seeking specific performance of a Collaboration Agreement dated 18th July, 2021 along with prayers for grant of permanent and mandatory injunction against the defendant. In the alternative, damages to the tune of Rs. 2,10,00,000/- have been claimed against the defendant for attempting to cancel the said Collaboration Agreement dated 18th July, 2021.

2. The suit is in respect of property bearing No. D-89, situated at Ashok Vihar, Phase-I, Delhi-110052. The defendant is stated to be having 75% share in the said property and in actual, physical possession of his share, while his brother had 25% share in the said property, which the wife of the plaintiff claims to have purchased through an Agreement to Sell from him for a sum of Rs. 3,23,00,000/- and Rs. 30,00,000/- having been paid towards earnest money.

3. Mr. Kishore M. Gajaria, learned counsel for the plaintiff, submitted that a Collaboration Agreement was entered into between the plaintiff and the defendant for re-development of the property and the same had been duly signed by the defendant. However, subsequently, he issued a Notice dated 31st July, 2021 to the plaintiff stating th

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