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Apprentice (Associate)     27 August 2012

Specific performance - proving lack of readiness

Documents have been filed and marked in evidence.  The Plaintiff has filed  a housing loan sanction letter. Also provided his bank statements and PPF account statement.

Now I have found out that at the time of filing suit by Plaintiff:

1. The housing loan sanction letter had become null and void due to non-payment of processing fees.  

2. After adding the balances in Plaintiffs accounts there was still a shortfall of Rs 10 lakhs.

3. However, to prove his bonafides he deposited the balance amount in the court at the direction of the court. This is 2 years after signing the suit agreement.

My question is:

Does depositing the balance money in court, 2 years after signing agreement prove continuous readiness and willingness, given the evidence in points 1 and 2 above?

If you read my other post, you will see that he was deliberately preventing my client from obtaining NOC by not submitting the relevant documents to the Society.  He has admitted to a letter he wrote to the society whereby he refused to provide documents that were required by society for NOC. He was required to make balance payment to my client 60 days after noc, but he was gaining more time by delaying the noc issuance.

I need your experience guidance. Thank you.



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 August 2012

Readiness connotes - the ability to pay or honour the agreement. Willingness is desire to do it. Even though the plaintiff has paid the money in the court subsequently to prove his readiness/willingess in order to circumvent S.16(c). However in light of circumstances, it is writ large on the face of the record that at the relevant time fixed for performance he was not ready (shortfall) furthermore his sheer inertia in getting the NOC reflects lack of willingness as well.

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