$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 1^st May, 2024 + CS(OS) 150/2021 & I.As. 3565/2021, 703/2022 PRAN NATH CHADHA & ORS. ..... Plaintiffs Through: Mr. Praval Arora & Mr. Abhilash Verma, Advs. for P-1,4 & 5 along with Plaintiff in person. (M:

8949371862)

Mr. Joydeep Sarma, Mr. Rajiv Tiwari and Mr. Kaushal Kapoor, Advs. for P-

2 & 3. (M: 8887653137)

versus CHETANYA BUILD CON INDIA PRIVATE LIMITED ..... Defendant Through: Ms. Akanksha Kaul, Mr. Shivang Rawat and Mr. Abhishek Gupta, Advs. along with Mr. Vinod Saluja.

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.As. 3565/2021 (u/O. XXXIX Rule 1&2), 703/2022 (u/O. XXXIX Rule

1&2)

2. The present suit filed by the Plaintiffs relates to a prime property situated in Connaught Place, admeasuring 1233 sq. yards bearing ‘Plot No. 11 (Part) (Known as 11A) Block No. 127, commonly known as 27, Hanuman Road, Connaught Place, New Delhi- 110001’ (hereinafter, ‘suit Signature Not Verified Digitally Signed CS(OS)150/2021 Page1of25 property’).

3. The Plaintiffs have filed the present suit against the Defendant - M/s. Chetanya Buildcon India Pvt. Ltd. It is admitted that the Plaintiffs, collectively known as the Chadha family, are the owners of the suit property. The suit property was originally owned by the forefathers of the Plaintiffs since the 1930s, and the ownership of the respective shares of the suit property was agreed upon. The suit property is now mutated in favor of the Plaintiffs in the following shares:

4. According to the Plaintiffs, an agency by the name M/s. Cushman and Wakefield India Private Limited, introduced the Plaintiffs to the Defendant, Company run by Mr. Vinod Saluja and Mr. Ankush Saluja. According to the plaint, the Plaintiffs, initially, entered into a Fee Agreement dated 29^th December, 2017 with M/s Cushman and Wakefield India Private Limited and two Subsequent Agreements dated 13^th March, 2018 and 20^th April, 2018 was also entered into between the parties. A total of Rs.15,19,000/- is claimed to have been paid by the Plaintiffs in terms of the said Fee Agreement as brokerage to M/s Cushman and Wakefield India Private Limited.

5. A Property Development Agreement dated 22^nd March, 2017 (hereinafter, ‘PDA’) was entered into between the Plaintiffs and the Signature Not Verified Digitally Signed CS(OS)150/2021 Page2of25 Defendant. According to the said PDA, the Defendant’s obligations were to develop the suit property within a period of 18 months. Further to the said PDA, two addenda were also executed on 22^nd August, 2017, and 7^th May, 2019. Under the PDA, and the two addenda, the overall obligations of the Defendant included:

Clause 2 of The Defendant was obligated to demolish the existing the PDA structure on the specified plot of land i.e. suit property, and, at its own cost and expense, develop a new building. All development activities were to be carried out after obtaining the necessary building plans sanctioned and any other statutory approvals required by the relevant authorities.

Clause 3 of This clause required the Defendant to develop, construct and the PDA complete the proposed building at its own costs and expenses.

Clause 7 of According to this clause, the Defendant is responsible for all the PDA costs and expenses related to the construction of the proposed building and bears the full cost of construction for the owners without any charges.

Additionally, the Defendant agreed to pay the owners (i.e. the Plaintiffs) a sum of ₹6,40,00,000/- as monetary consideration for the transfer of property rights to the Defendant upon completion of the building. A sum of Rs. 75 lakhs was paid by the Defendant by way of several P.O.s dated 10^th March, 2017.

Clause 8 of This clause provided the manne