- (1.) By consent of learned counsel for the parties we are disposing of the stay application as well as the appeal by this judgement and order.
(2.) The appellant and the respondent were parties to an agreement for sale of an immovable property, dated 11th November 2014, described as a memorandum of understanding. The total consideration was Rs. 2,61,00,000/-. The sale was to be completed, according to the agreement by 31st December 2014.
(3.) Admittedly, the sale has not taken place till date. We find a letter dated 6th August, 2015 by the respondent to the appellant promising to make payment of Rs. 2.10 crores. According to Mr. Chowdhury, learned Counsel for the appellant, at that point of time the balance sum payable was Rs. 2.40 crores.;