- (1.) The Court: The first of the applications in the suit, GA No. 547 of 2010, is for orders in the nature of attachment before judgment in a purely money claim. GA No. 3188 of 2010 has been made under Chapter XIIIA of the rules on the Original Side of this Court and it is not in dispute that such application is maintainable. GA No. 3407 of 2010 is the Defendants' application for extension of time to file their written statements.
(2.) The Plaintiffs say that on May 25, 2006 the Plaintiffs entered into an agreement in writing with the Defendants for purchase of an immovable property at 118, Raja Dinendra Street, Calcutta 700 004. A copy of an agreement prepared on a non-judicial stamp paper of Rs. 10/- has been appended to the Plaintiffs' second application. At paragraph 7 of the second application the Plaintiffs have averred that the acknowledgement of the receipt of payments recorded in the agreement of May 25, 2006 was in the hand of one Suresh Pandey. The memorandum of consideration that appears at page 7 of the document is handwritten. The first two amounts reflect payments by cheque. The next three sums indicated in the memorandum of consideration are of Rs. 20 lakh, Rs. 20 lakh and Rs. 11 lakh and are clearly stated to be in cash. There is a signature at the foot of the memorandum of consideration with the date of May 25, 2006 scribbled there under.
(3.) The Plaintiffs' version of things is that the agreement of May 25, 2006 could not be worked out between the parties and the Defendants let out the space of approximately 2550 sq. ft to a third party. The Plaintiffs claim that on May 19, 2009 the parties entered into another agreement by which the Defendants agreed to refund a sum of Rs. 1.10 crore to the Plaintiffs in lieu of the payment of Rs. 68 lakh received from the Plaintiffs in the year 2006.;