JUDGMENT :

R. Subramanian, J.

[PRAYER: Original Side Appeal filed under Order XXXVI, Rule (1) of the Original Side Rules, r/w. Clause 15 of Letters Patent, against the judgment and decree dated 28.02.2020 passed in C.S.No.374 of 2016.]

[PRAYER:- Cross Objection filed under Order XXXVI, Rule 2 of the Original Side Rules, r/w. Clause 15 of Letters Patent, against the decree in counter claim dated 28.02.2020 passed in C.S.No.374 of 2016.]

The plaintiffs in C.S.No.374 of 2016, a suit for refund of advance paid and for damages are on appeal, since the Commercial Division dismissed the suit on the conclusion that the agreement provided for forfeiture of the advance amount in the event of failure on the part of the plaintiffs in complying with the terms of the contract.

2. The plaint averments are as follows:-

The plaintiffs are real estate promoters operating from Villupuram and Cuddalore. They were introduced to the 3rd defendant by the brother of the 2nd plaintiff, one J. Ravi. The defendants were looking for development of their property situate in Kariamanikkam village of Puducherry Union Territory measuring about 6 acres and 78 cents. After negotiations, the parties entered into an agreem