KAILASH NATH AND ASSOCIATES Vs. DELHI DEVELOPMENT AUTHORITY
HIGH COURT OF DELHI
KAILASH NATH AND ASSOCIATES
DELHI DEVELOPMENT AUTHORITY
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SANJAY KISHAN KAUL, J. -
(1.) The plaintiff, a registered partnership firm having its office at 1006 Kanchenjunga, 18 Barakhamba Road, New Delhi-110001, acting by and through its registered partner, has instituted the present suit for specific performance of an agreement to sell of a plot of land bearing no. 2A, measuring 897.84 sq. meters, Bikaji Cama Place, District Centre, New Delhi (hereinafter referred to as t he said plot) against defendants no. 1 and 2 being Delhi Development Authority, Vikas Sadan, INA, New Delhi and Union of India, Ministry of Urban Development, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi- 110011 respectively. In the alternative, the plaintiff claims for a sum of Rs. 3.12 crores as damages and/or for the recovery of Rs. 78 lakhs along with interest from the date of the deposit of the said amount till payment thereof.
(2.) The plaintiff being the highest bidder in the auction held on 19-01-1982 of the said plot by defendant no.1 deposited a sum of Rs. 78 lakhs with defendant no.1 being 25% of the bid on the date of the auction i.e. 19-01-1982 as per the terms and conditions of the said auction. The said amount is still lying with defendant no.1.
(3.) Defendant no.1 vide its letter dated 18-02-1982 (Ex.P-3) communicated to the plaintiff its acceptance of the bid of Rs. 3.12 crores and there upon an agreement to transfer the said plot was entered into between the plaintiff and defendant no.1.;
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