R. Subhash Reddy, J. - (1.) Leave granted.
(2.) This Civil Appeal is filed by the defendant Nos. 1 and 2 in the Suit in CS(OS) No.2046 of 2006, aggrieved by the judgment dated 2nd August, 2018, in FAO (OS) No.268 of 2017, passed by the High Court of Delhi at New Delhi. By the aforesaid judgment, the Division Bench of the High Court, by setting aside the judgment dated 24.7.2017 passed in IA No.1557 of 2007 in CS (OS) No.2046 of 2006, has allowed the interlocutory application and consequential prayers of the respondents-plaintiffs and decreed the suit with the following directions:- "(i) The order dated 24th July, 2017 passed by the ld. Single Judge on I.A. No.1557/2007 in CS(OS) No.2046/2006 is hereby set aside and quashed. (ii)I.A.No.1557/2007 is hereby allowed and consequently the prayers of the plaintiffs in the suit, as prayed for,are decreed. (iii) The Registry shall draw up a decree sheet accordingly. (iv) The appellants shall pay the balance amount of Rs.50.50 Crores to the defendant no.1 within a period of three months and 15 days from today. (v) Upon receipt of the amount, the respondents shall forthwith execute the sale deed in favour of the appellants as well as any other documents, as may be required. It shall be the responsibility of the respondent no.2 to complete the formalities including obtaining permissions, if any, from any authority of department and ensure execution of the registered sale deed forthwith in favour of the appellants. (vi) In case the respondents do not accept the payment of the amount from the appellants, the amount shall be deposited by the appellants in CS(OS)No.2046/2006 by way of cheque in the name of Registrar General of this court. Upon the deposit, the said cheque shall be encashed by the Registry and the amount thereof shall be kept in a Fixed Deposit Receipt initially for a period of six months to be kept renewed till further orders of the ld. Single Judge in the suit proceedings. (vii) In such eventuality, the appellants shall be entitled to seek appropriate remedy for execution of the judgment and decree by appropriate proceedings by the ld. Single Judge. (viii) Given the delay caused by the respondents in the adjudication of the matter and their conduct before the court, the respondents shall pay costs to the appellants at the rate of 1 Lac for each year of the litigation w.e.f. 1st November, 2006 to July, 2018 being a total of Rs.11,50,000/- for the period of 11 1/2 years. (ix) Costs of 1,00,000/- each are directed to be paid to the Delhi High Court Legal Services Committee; Delhi High Court Mediation and Conciliation Centre and the Delhi International Arbitration Centre, which shall be paid by the respondents within 15 days from today and proof of deposit shall be filed with the Registry. The copy of the receipts shall be made available to the appellants through counsel immediately upon the deposit. (x) In case the respondents fail to deposit the costs as at S.no.(viii) & (ix) above, as directed, the appellants shall be entitled to deduct the amount of costs out of the balance sale consideration and to deposit the costs of 1 lakh with each of the DHCLSC, DHCMCC & the DIAC. Proof of deposit shall be sent to the defendants. (xi) In view of the order we are passing regarding payment up to date costs in the suit, we are refraining from imposing further costs on the respondents in the present appeal. (xii) The appeal is allowed in the above terms."
(3.) The learned Single Judge has dismissed the application in I.A. No.1557 in the aforesaid suit, filed under Order XII Rule 6 of the Civil Procedure Code. The respondent Nos. 1 and 2 - plaintiffs, have filed the aforesaid application for judgment, on admissions claimed by them in the suit. The order of learned Single Judge is reversed by the Division Bench on appeal, filed by the plaintiffs, by granting reliefs as referred above.;