- (1.)The plaintiff had instituted this suit under Order 37 of the CPC for recovery of Rs.55,20,000/- on the basis of two dishonoured cheques of Rs.27,00,000/- each. It was the case of the plaintiff in the plaint (i) that the defendant had agreed to sell his undivided one-half share of private flat No.G-1, measuring 3000 sq. ft. super area, built on the Ground Floor with Basement (towards property No.F-11) in the built up property No.F-10, Rajouri Garden, New Delhi to the plaintiff vide Agreement to Sell dated 19.03.2009 for a sale consideration of Rs.80,00,000/-; (ii) that the plaintiff paid Rs.27,00,000/- to the defendant as earnest money; (iii) that though the plaintiff was ready and willing to perform his part of the Agreement but the defendant failed to perform his part; (iv) that it was a term of the Agreement to Sell that upon such default by the defendant, he would be liable to pay double of the amount of earnest money i.e. Rs.54,00,000/- to the plaintiff; (v) that the defendant handed over the said two cheques for Rs.27,00,000/- each in discharge of his said obligation and which were returned dishonoured for "insufficiency of funds" in the account of the defendant.
(2.)Summons for appearance were issued to the defendant and were served on the defendant on 09.01.2011; neither any appearance nor any Vakalatnama was filed on behalf of the defendant; when the suit was listed before the Joint Registrar on 21.02.2011, the counsel for the plaintiff informed of receipt of a letter from Kulbhushan Mehta & Co., Advocates stating that appearance had been filed; however since neither any appearance nor any Vakalatnama in favour of Kulbhushan Mehta & Co., Advocates was on record, a notice was directed to be issued to the said Advocates; thereafter, Vakalatnama in favour of Mr. B.S. Randhawa, Ms. Pukhraj and Mr. Atul Verma, Advocates was filed on 18.10.2011 and Ms. Pukhraj, Advocate appeared before this Court on 02.11.2011.
(3.)This Court vide order dated 02.11.2011, finding that no appearance on behalf of the defendant had been filed within the prescribed time and the Vakalatnama in favour of Mr. B.S. Randhawa, Ms. Pukhraj and Mr. Atul Verma, Advocates was filed more than nine months after receipt of summons by the defendant, decreed the suit for recovery of Rs.55,20,000/- with costs, pendente lite and future interest at the rate of 6% per annum.