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2023 Supreme(Del) 646

NAVIN CHAWLA
Ansal Housing Ltd. – Appellant
Versus
Samyak Projects Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. Anil Sapra, Sr. Adv. with Mr. Kumar Deepraj, Adv., Mr. Vivek Kohli, Sr. Adv. with Mr. Nalin Talwar, Mr. Sandeep Bhuraria, Ms. Neetika Bajaj, Ms. Yeshi Rinchhen, Mr. Juvas Rawal, Advs.

JUDGMENT :

NAVIN CHAWLA, J.

I.A. 15634/2018

1. The present Summary Suit has been filed by the plaintiff under Order XXXVII of the Civil Procedure Code, 1908 (hereinafter referred to as the ‘Act’) seeking recovery of Rs. 11,79,83,525/- (Rupees Eleven Crores Seventy-Nine Lakhs Eighty-Three Thousand Five Hundred and Twenty-Five only) along with pendente-lite and future interest till the realization of the amount in full from the defendant.

BRIEF FACTS

2. It is the case of the plaintiff that the plaintiff is a leading company in the Real Estate sector, and is engaged in the business of development of residential townships, multistorey high-rise buildings, shopping and commercial plaza, etc. The defendant is also a registered company involved in the business of Real Estate.

3. In the plaint, it has been pleaded as under:

    i. Sometime in the month of July, 2012, the defendant had approached the plaintiff-company and requested the plaintiff to undertake the work of development on a parcel of land admeasuring 1.75 Acres falling in Rectangle No. 97, Kila No. 23.2 (1-7), Kila No. 18 (6-13) and Kila No. 23/1 (6-13) situated in ‘A’ Block of the integrated residential colony called ‘ESSENCIA’ in the re

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