Fri. Apr 23rd, 2021

M/S Adhunik Datamatics Pvt Ltd vs Chandan Singh & Ors on 29 May, 2017

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1. The plaintiff company had entered into an agreement to sell
dated 11.04.2013 for purchase of 1/5th share each, of the defendants
in the agricultural land falling in Khasra Nos.11(3-18), 12(4-16),
13(4-16), 19(4-16) of Rectangle No.20, Khasra Nos.13/2(0-5), 14(4-
0), 15(3-5), 17(1-15), 24(2-12), 25(4-16) of Rectangle No.25 &
Khasra No.4(6-4), 5(4-9) of Rectangle No.33 total measuring 45
bighas 12 biswas, situated in revenue estate of village Neelwal, Tehsil

CS(OS)No.4052/2014 Page 1 of 10
Punjabi Bagh, District West, Delhi for a total sale consideration of
`28.50 Crore. An amount of `2.85 Crore was paid as an advance sale
consideration as stated in para No.2.1.1 of the sale agreement. The
balance sale consideration to the tune of `25.65 Crore was payable to
the defendants within 90 days from the execution of the agreement to
sell i.e. on or before 09.07.2013. Since, the said land was an
agricultural land, a No Objection Certificate under Section 5 (1) of
the Delhi Land (Restrictions on Transfer) Act 1972 from the
competent authority was required, per clause 4.2(a) of the agreement
to sell dated 11.04.2013. It was agreed between the parties that the
defendants would sign all necessary documents/forms for obtaining
the transfer/permission/NOC from the concerned government offices
necessary for execution of the sale deed in favour of the plaintiff. The
processing of the application for obtaining NOC was the duty of the
plaintiff. The plaintiff got all the necessary applications / forms
signed from the defendants and got issued the NOC on 29.06.2013
from the authorities and duly informed the defendants.

Source: Indian Kanoon

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