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DELHI HIGH COURT
SURESH KUMAR KAIT
Kulmohan Singh – Appellant
Versus
Satinder Singh Bhasin – Respondent
| Table of Content |
|---|
| 1. agreement to sell and earnest payments established. (Para 1 , 4 , 5 , 6) |
| 2. defendants' claims and plaintiffs' readiness discussed. (Para 8 , 10 , 11 , 16) |
| 3. court’s discretion on extraordinary powers of attachment. (Para 12 , 13 , 19) |
| 4. disputed earnest money and security assessment. (Para 15 , 18 , 20) |
| 5. conclusion on attachment application and its order. (Para 21 , 22) |
ORDER
IA No. 9202/2020 (under Order XXXVIII Rule 5 CPC) & IA No. 4438/2021 (u/S 151 CPC)
1. According to plaintiffs, an Agreement to Sell dated 07.01.2019 was entered into between the plaintiff/buyer and defendants/seller in respect of property being D-24, Rajouri Garden, New Delhi-110027, in terms whereof, plaintiffs paid and amount of Rs.3.85 Crores on 07.01.2019 and Rs.2.00 Crores on 03.02.2019 to the defendants as earnest money. Since, the Agreement to Sell in question could not be executed the plaintiff has filed the present suit for recovery praying for recovery of Rs.5,85,00,000/- along with interest of Rs.1,43,75,000/-.
2. By the above captioned first application, applicants/plaintiffs are seeking attachment of the property or direct the defendants to provide security to the extent of
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