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2022 Supreme(Del) 665

ASHA MENON
Dipika Sen – Appellant
Versus
P. K. Agrawal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Amitabha Sen, Ms.Aditi Pandey, Advocate
For the Respondent: Mr. T.S. Thakraon and Mr.Sumit, Advs.

JUDGMENT :

1. This suit had been filed originally for the execution of a Conveyance Deed and recovery of amount allegedly/illegally withheld by the defendants and for damages for abuse of process, harassment, criminal intimidation, blackmail and extortion.

2. The case set up by the plaintiffs who are husband and wife is that they are the joint owners of Apartment No. E-103, situated at Ambience Lagoon Apartment Residential Complex, Ambience Island, NH-8, Gurgaon, Haryana, which they had purchased from the defendants on 20th October, 2001 vide the Apartment Buyer’s Agreement. It is stated that the plaintiffs had paid a sum of Rs.54,47,706/- towards the purchase of the flat. They were then required to pay an additional 13% of the sale price towards the registration charges for the conveyance of the said flat and thus, the defendants collected from the plaintiffs, as also from the other apartment owners, a sum of Rs.6,61,760/- which the plaintiffs paid in two installments in the hope that the Sale Deed would be registered in their names.

3. The said sum of Rs.6,61,760/- was paid in two installments. One of Rs.3,61,750/- vide cheque No.544287 dated 10th April, 2003 and the second installm

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