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The plaintiff has instituted this suit (i) for specific performance of an agreement to sell of property situated at A-52 (New number RZ D-92), which is part of Khasra No. 78/24, admeasuring 500 sq. yds., in the locality Tej Ram Park, Nihal Vihar, Village Nagloi Jat, Delhi; and in the alternative,

(ii) for the refund of earnest money with interest at 18% per annum; and,

(iii) for permanent injunction restraining the two defendants i.e. PGF Limited and its director Mr. C. B. Dhillon from dealing with said property; and, (iv) for declaration of the plaintiff as owner of the property.

6. However, the senior counsel appearing for the plaintiff seeks to withdraw the application for condonation of delay, stating that it has been wrongly filed.

7. Even if the application were to be permitted to be withdrawn, it is the case of the plaintiff in the plaint:

(i) that the defendant No.2 C.B. Dhillon as Director and Authorised Representative of the defendant No.1 PGF Limited had, vide agreement to sell dated 1st November, 2013, agreed to sell another immovable property to the plaintiff and earnest money of Rs.2 crores was paid by the plaintiff to the defendant No.1 company at the time of execution of the Agreement to Sell and the date fixed for performance of the Agreement to Sell was of 20th April, 2014;