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A and B entered into an Agreement to Sell a residential property in the city of Cyberlore wherein it was agreed that A would sell

A and B entered into an Agreement to Sell a residential property in the city of Cyberlore wherein it was agreed that A would sell the property to B and that the transaction including payment of consideration and registration of the property should be completed within 30 days from the date of execution of the Agreement to Sell. B clarified in the agreement that he is in the process of securing a home loan and that certain documents including a No Dues Certificate from A's bank confirming that A has cleared his home loan is essential for B to avail the home loan. Accordingly, B had, by virtue of the Agreement to Sell, transferred INR 20 lakh amounting to 10% 10% of the sale price of property to A and the rest was to be paid at the time of sale and registration of the property. It was also agreed that the party failing to proceed with the transaction is liable to pay INR 5 lakh as penalty to the other party.

Over the course of the next 30 days, B issued multiple reminders to A to produce the No Dues Certificate. However, A was non-responsive to such requests and B was unable to get the home loan sanctioned for the purchase of the property within the 30-day period stipulated under the Agreement to Sell.

Upon expiry of the 30-day period, B received a communication from A stating that the sale of received a the property could not be 30-day period for the reason achieved within the Agreement that B was unable to arrange their funds owing to which the to Sell stands terminated and further that A is entitled to deduct INR5 lakh from the refund of INR 20 lakh to be paid back to B. B later discovers that A is now in the process of disposing the property to C at a sale price of INR 2.5 crores.

Given the above facts, what are the remedies for breach of remedies available to B? Limit your responses to the remedies for breach of contract discussed as part of this course module.

Assuming B is entitled to seek an injunction, Who should he seek injunction against? What is the type of injunction to be applied for and what should he try to seek someone from refraining (or) seek someone to do? Provide arguments as per facts as to how the application for injunction satisfies the 3 principles required for the grant of injunctions.

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