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Harish Bindal vs . Phoolwati & Ors. Page No. 1 Of 27 on 4 December, 2017

16.6 It has been vehemently argued by Ld. Counsel of defendants that the very fact the plaintiff did not deposit the balance amount despite the specific directions of the court vide order dated 16.02.2000, leads to the inference that he was never willing and ready to perform his part. On the contrary, Ld. Counsel for plaintiff has argued that the non-compliance of the said order does not prove the non- willingness of the plaintiff. He in support of his arguments has relied upon one judgment of Hon'ble High Court of Delhi titled as Rakesh Kumar Vs. Kalawati (deceased) through Lrs, RFA NO. 521/2004 decided on 10.12.2013.
Delhi District Court Cites 10 - Cited by 0 - Full Document

Vantage Construction Pvt Ltd vs Lt Col. Suraj Jit Chaudhri on 16 April, 2019

43. Ld counsel for plaintiffs has argued that plaintiffs were and are always ready and willing to perform their part of the contract in respect of the respective units at all point of time. He further argued that in order to show readiness and willingness, it is not necessary to prove that plaintiffs had ready cash with it all the times. It is sufficient if it is proved on record that plaintiffs were able to arrange the funds to pay consideration amount. He has placed reliance upon Sukhbir Singh Vs Brij Pal Singh (1997) 2 SCC 200, Sant Lal Vs Shayam Dhawan AIR 1986 Delhi 275, Swarnam Ramchandran Vs. Aravacode Chakungal Jayapalan Vantage Construction Pvt Ltd Vs. Lt Col. Suraj Jit Chaudhri Page 31 of 89 (2004) 8 SCC 689, Azhar Sultana Vs B. Rajamani AIR 2009 SC 2457, M/s Ansal Properties and Industrial Pvt Ltd Vs. Rajinder Singh ILR (1990) I Delhi 105, Rakesh Kumar Vs Kalawati (Deceased) through LRs 206 (2014) Delhi Law Times 363, Prakash Chandra Vs Angadlal & Ors (1979) 4 SCC 393, P. D'souza Vs Shondrilo Naidu (2004) 6 SCC 649, Narinderjit Singh Vs North Star State Promoters Ltd (2012) 5 SCC 712, Surjeet Singh Vs Kartar Singh AIR 1988 Punjab and Haryana
Delhi District Court Cites 28 - Cited by 0 - Full Document

Shri Bal Krishan Gupta & Anr. vs Shri Vikas Aggarwal & Anr on 16 May, 2014

14. One of us (Rajiv Sahai Endlaw, J.) recently in Rakesh Kumar Vs. Kalawati 206 (2014) DLT 363 had an occasion to consider the aspect of FAO (OS) No.239/2014 Page 6 of 20 issuance of direction to the plaintiff in suits for specific performance of agreements of sale of property to deposit the balance sale consideration, and it was inter alia held as under:
Delhi High Court Cites 11 - Cited by 2 - R S Endlaw - Full Document
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