JUDGMENT :

1. This application has been filed by the plaintiff seeking for summary judgment against the defendants in terms of the suit prayers as the plaintiff contends that the defendants have no real prospect of successfully defending the suit claim.

2. In the forthcoming paragraphs, the parties are described as per their litigative status in the main suit. The plaintiff is the land owner and the first defendant is the builder. The defendants 2 to 4 are the Directors of the first defendant company. The plaintiff had paid a sum of Rs.1,50,00,000/- as advance to the first defendant, for construction of a building. The plaintiff thought it fit not to proceed with the construction thereafter and therefore, sought for refund of the advance from the first defendant. The first defendant had also not commenced the construction work on receipt of the advance amount of Rs.1,50,00,000/- from the plaintiff. The cheque issued by the first defendant towards refund of the advance amount to the plaintiff was also returned dishonoured for 'insufficiency of funds', which resulted in the plaintiff filing the suit as well as filing parallel proceedings before the National Company Law Tribunal under t