Nishant Creations Pvt Ltd vs Prasad Buildcon Pvt. & Anr on 18 March, 2026

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% 18.03.2026

1. This application under Order VII Rule 11 of the Code of Civil
Procedure, 1908 (for short „CPC‟) is filed by the defendants for rejection of
the plaint.

SPONSORED

2. The suit for specific performance filed by the plaintiff was later
amended and an alternative prayer for refund of the amount paid was added.

3. The brief facts are that the parties to the lis entered into an agreement
to sell dated 15.06.2011 (hereinafter „the AOS‟). The defendants had to sell
the property situated at Pocket-4, Sector 23B, Dwarka Residential Scheme,
Phase II, New Delhi, duly described in the AOS. The total consideration was
of Rs.2,60,00,000/- out of which two crores was paid on 15.06.2011. The
break-up of the payment made was that Rs.75 lakhs was paid through
cheque No.791317 drawn on Central Bank of India, Sukhdev Vihar, New

This is a digitally signed order.

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