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TMI Blog2013 (4) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... ter. The argument of the learned Senior counsel for the plaintiffs is that the said case which is now pending in the Supreme Court has no bearing whatsoever on the instant case as on merits it is not even connected to the matter in hand which is a simple case of recovery of the amount along with interest. As the plaintiffs are not seeking any prayer for specific performance of the agreement in question, thus, the findings given by this Court in paragraph 34 be modified and the matter be heard on merits. I agree with the learned Senior counsel for the plaintiffs and modify the order dated 23rd January, 2012 to the effect that the proceedings in the present case cannot be postponed in view of the reasons mentioned above, thus the find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntiffs are entitled for a decree under Order XXXVII CPC which is a summary procedure where the defendant has no defence who has admittedly received the said amount from the plaintiffs. 3. Both parties earlier made their submissions in the pending application under Section 8 of the Act and the order dated 23rd January, 2012 was passed and the same was kept pending due to reasons mentioned in paragraph 34 of the order. The operative portion of the said order in paragraph 34 reads as under:- 34. After having considered all the facts and circumstances, I am of the view that since a similar case M/s. Mapletree Property Pvt. Ltd. vs. M/s. Today Homes Infrastructure Pvt. Ltd. is still pending and the order passed in the application under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred by Ludhiana Improvement Trust on very different grounds having no connection with the contention between the parties in the present case. An Additional argument is also made by the learned Senior counsel for the plaintiffs that the application filed by the defendant under Section 8 of the Act did not contain details about any disputes which are required to be adjudicated by an Arbitrator and in the absence thereof, the said application otherwise is not maintainable. 6. As regards the finding arrived by this Court in paragraph 34 of the order, the argument of the learned Senior counsel for the plaintiffs is that the said case which is now pending in the Supreme Court has no bearing whatsoever on the instant case as on merits it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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