Hello experts,
Is the question of proving readiness and willingness on behalf of the buyer only about proving that he had the capability to pay from the date of signing the agreement until judgement?
Some background:
This is a suit for specific performance. The Plaintiff was going to take a loan from ICICI and got a loan sanction letter which was attached to the Plaint as proof of his readiness.
1. But, the Plaintiff did not pay the loan processing fees and the sanction letter became null and void before filing the suit. Will the Court still treat this as proof of his capability? Or will not paying the loan processing fees or signing loan documents have any effect?
2. Another problem the Plaintiff was supposed to pay balance consideration within 60 days of receipt of NOC from Society. So Defendant applied for NOC. However Plaintiff (no idea why) did not submit all the forms requested by the society. So NOC was never issued. I think there were some ego issues between Plaintiff and Secretary of Society.
3. If the Plaintiff deposits the balance consideration in court, will the court treat it as his readiness and willingness even though the loan sanction letter became void and he never submit forms for NOC?
4. Will the Plaintiffs refusal to follow society bye-laws (not signing the required forms for membership to society and NOC) be treated as a repudiation of the Agreement (by preventing the defendant from getting NOC)
Please help.
Thanks as always.
