FIRST APPEAL No. 389 of 2017 at Allahabad

Reserved A.F.R. HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 389 of 2017 Punarvesh Chandra Upadhyay …..Appellant Versus Dr. Preeti Agrawal and others …..Respondents Counsel for Appellant : Mr. Pankaj Agarwal, Advocate Counsel for Respondents : Mr. Manish Goyal, Senior Advocate assisted by Mr. Archit Mehrotra, Adv. Court No. - 44 HON'BLE J.J. MUNIR, J. 1. This is a defendant's first appeal, arising out of a suit for specific performance of contract. 2. Dr. Preeti Agrawal instituted Original Suit No.1020 of 2010 in the Court of the Civil Judge (Senior Division), Gautam Budh Nagar against Punarvesh Chandra Upadhyay, the appellant here, the New Okhla Industrial Development Authority (for short, 'NOIDA') through its Chief Executive Officer and Dr. Sunil Sharma, Dr. Preeti Agrawal's husband, principally seeking the relief of specific performance of contract. Alternatively, a relief of damages to the tune of Rs.44,01,100/-, together with 18% annual interest, was claimed against Upadhyay and refund of the entire sum of money deposited by Dr. Preeti Agrawal in the office of the NOIDA. In addition, a permanent prohibitory injunction was sought against Upadhyay to the effect that