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7. Section 19 of Indian Contract Act reads as under:

"19. Voidability of agreements without free consent. When consent to an agreement is caused consent.-When by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.

8. From plain reading of aforesaid section,, it is clear that if any agreement is caused by coercion, fraud or misrepresentation misrepresentation, then it is a contract voidable at the option of the party whose consent was so NEUTRAL CITATION NO. 2024:MPHC-JBP:43029 2024:MPHC 7 WP-14574-2022 caused. Iff petitioners petitioner are of the view that payment of Rs.1,17,03,900/ Rs.1,17,03,900/- is a voidable contract, contract then they have to return the amount for putting forward their case on merits but they cannot claim that apart ffrom the amount which they have already accepted, they are also entitled for additional amount.

9. Accordingly, I.A. No.3823/2024 is hereby rejected rejected.

10. It is submitted by counsel for petitioners petitioners that petitioners are not in a position to comply the order dated 12.02.2024 and they are not in a position to return the amount of Rs.1,17,03,900/-.

11. Since petitioners have consumed the amount of Rs.1,17,03,900/ Rs.1,17,03,900/-, therefore, in the light of Section 19 of Contract Act, it is clear that aggrieved party even in a case of voidable contract can seek enforcement of the same.