IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
SEWA INTERNATIONAL FASHIONS LTD – Appellant
Versus
KALAWATI MATHRANI (DEAD) THR LEGAL REPRESENTATIVES – Respondent
| Table of Content |
|---|
| 1. factual background and dispute context. (Para 1 , 2 , 3 , 5 , 7 , 8 , 9) |
| 2. issues framed for adjudication. (Para 10) |
| 3. findings on preparedness and willingness. (Para 11 , 12 , 13) |
| 4. arguments and contentions of parties. (Para 14 , 15 , 16 , 17) |
| 5. court's reasoning on time limitation. (Para 19 , 20 , 21 , 22) |
| 6. court's determination on refund and entitlement. (Para 30 , 31 , 33 , 34 , 36 , 39) |
| 7. final conclusion on merits of the appeal. (Para 44) |
1. Through the present Appeal, the Appellant (Plaintiff before the Trial Court) assails the correctness of the judgment and decree dated 01.09.2015 [hereinafter referred to as “Impugned Judgment”], passed by the learned Single Judge [hereinafter referred to as “LSJ”], whereby the suit filed by the Appellant, seeking relief of specific performance against the Agreement to Sell dated 24.04.2000 [hereinafter referred to as “agreement”] in respect of a free hold property bearing no. 16, Poorvi Marg, Vasant Vihar, New Delhi-110057 admeasuring 1219 sq. yds. [hereinafter referred to as “suit property”], was dismissed on account of the suit being barred by limitation alongside the Appellant’s non-willingness to
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