* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11^th MARCH, 2026 IN THE MATTER OF:

I.A. 4623/2019 & I.A. 8900/2019, I.A. 11461/2019 IN + CS(COMM) 166/2019 & CCP(O) 74/2019, I.A. 10609/2020, I.A.

19721/2023, I.A. 33382/2024 M/S R K BARARIA .....Plaintiff Through: Appearance not given versus NANDI INFRATECH PRIVATE LIMITED .....Defendant Through: Mr. Vinay Kumar Garg, Senior Advocate, Mr. Bipin Kumar, Mr. Suresh Chandra Sharma, Mr. K. S. Rekhi, Mr. Shivom Sharma, Advocates CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

I.A. 4623/2019 & I.A. 8900/2019, I.A. 11461/2019

1. The present applications being I.A. 4623/2019 has been filed by the Plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC seeking ex-parte ad-interim injunction restraining the Defendant, their agents, representatives or any other person from selling, transferring, alienating or creating any third party interest in 50 Flats in Tower A, J, B, & I and 130 Flats in other Towers and further retrain them, their agents, representatives or any other person acting on their behalf from transferring in any manner till the disposal of the main suit. I.A. 8900/2019 has been filed by the Defendant under Order XXXIX Rule 4 read with Section 151 of the CPC for setting aside the Interim Order dated 09.04.2019 passed by this Court and I.A. 11461/2019 which has also been filed by the Defendant under Order XXXIX Rule 4 read with Section 151 of the CPC seeking modification of the Interim Order dated 05.07.2019 passed by this Court.

2. Shorn of unnecessary details, the facts of the case read as under:

i. The Plaintiff is M/s R. K. Bararia, which is a proprietorship concern engaged in civil constructions and Nandi Infratech Private Limited is the Defendant, who is the Project Developer and has awarded the work of construction to the Plaintiff.

ii. The Plaintiff and the Defendant entered into a Construction Contract dated 31.01.2015 (hereinafter referred to as “the Contract”) for the construction of multi-storeyed flats in the project “Amaatra Homes” at Sector 10, Greater Noida. (hereinafter referred to as “the Project”

iii. Initially, as per the award letter dated 1.11.2014, the scope of work entailed construction of 08 towers i.e., B, C, D, E, F, G, H & I of the Project for a tentative value of Rs. 36,12,50,000/- and later two more towers i.e., A and J were added and hence the Plaintiff had to construct a total of 10 towers.

iv. The Plaintiff has filed the instant suit seeking recovery against the Defendant for the sum of Rs. 10,32,54,740/- along with interest at the rate of 18% per annum which is due and payable for the work executed under the Contract. It is also alleged by the Plaintiff that the termination of the Contract by the Defendant was arbitrarily and wrongful.

v. A cross Suit being CS(OS) No. 160/2018 was filed by the Defendant against the Plaintiff herein stating that the Plaintiff has been paid an extra sum of Rs. 2,58,00,000/-. Liquidated damages to the extent of Rs. 8,59,00,000/- due to delay in execution of the Project had also been claimed in the said Suit filed by the Defendant.

vi. The present Suit was listed for hearing on 09.04.2019. This Court found that since the amount claimed by the Plaintiff is quite substantial and the claim of the Defendant is primarily for liquidated damages which are to be established at trial, it directed that any transfer of flats in Tower A and J made by the Defendant in the Project constructed by the Plaintiff shall be subject to further Order of this Court. The Defendant was permitted to deal with these flats by informing the proposed buyers of the Order of this Court. Certain Orders were also passed for carrying out joint measurements for ascertaining the value of the work which the Plaintiff has done under the Contract.

vii. The said Order was modified on 05.07.2019. The Order sheet dated

05.07.2019 reveals that the learned Counsel for the Defendant made a settlement offer for deposit of Rs. 5,00,00,000