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2009 Supreme(SC) 298

TARUN CHATTERJEE, DALVEER BHANDARI
N. Srinivasa – Appellant
Versus
Kuttukaran Machine Tools Ltd. – Respondent


Advocates appeared:
For the Appellant:R.F. Nariman, Sr. Advocate, Joseph Pookkatt, Nikhil
Majithia, Prashant Kumar, (M/s AP & J Chambers) Advocates. For the Respondent:Dushyant A. Dave, Sr. Advocate, T. Raja, Gopal Singh, Advocates.

Judgment :-

Tarun Chatterjee, J.

1. Leave granted.

2. This appeal has been filed at the instance of the appellant by special leave against the judgment and final order of the High Court of Karnataka at Bangalore in M.F.A No. 12014/2006 (AA), dated 16th of April 2007, setting aside the order dated 23rd of September, 2006 passed by the VI Additional City Civil Judge, Bangalore, and vacating the order of status quo granted on condition that the respondent shall deposit a sum of Rs.2,50,000,00/- [Rupees two crores fifty lacs] within the time specified in the impugned order.

3. Thefacts leading to the filing of this appeal may be summarized as follows: -

The respondent became the owner of Plot No.19-A, II Phase, Industrial Area, (carved Survey No. 40 and 41, Chokkasandra Village, Yeshwanthpur Hobli, Bangalore North Taluk), measuring about 10568 square meters (hereinafter referred to as the ‘property in dispute) by a sale-deed dated 11th of November 2001 executed by the Karnataka Industrial Area Development Board. The appellant and the respondent entered into an agreement for sale of the property in dispute on 21st of December 2005 for a sum of Rs.6,99,04,079/- in which an advance of Rs.2

























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