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2009 Supreme(SC) 1080

S.B.SINHA, CYRIAC JOSEPH
Keki Hormusji Gharda – Appellant
Versus
Mehervan Rustom Irani – Respondent


Advocates appeared:
For the Appellants :Shirish Gupte, Sr. Adv., Subodh Desai, Brajesh Pandey, A.S. Bhasme, Advocates.
For the Respondents:Kumud Lata Das (NP), Advocate.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. First respondent is a practising advocate. He is a resident of Gharda Villa, 1st Floor, situated at 48, Hill Road, Bandra (West), Mumbai.

M/s Gharda Chemicals Limited is a deemed public limited company registered and incorporated under the Companies Act, 1956. It has its registered office at 5/6, Jer Mansion, First Floor, W.P. Varde Marg, Tuner Road, Bandra (West) in the town of Mumbai. Appellant No. 1 (Accused No. 1) is the Chairman cum Managing Director of the said Company. Appellants 2 to 5 are the Directors thereof and the Appellant No. 6 is an Architect. It is stated that Appellants 1 and 3 are no longer associated with the Company.

Gharda Villa, in which the first respondent resides and the premises known as ‘Khaiber Property’ are adjacent to each other. They were said to be belonging to Hormasji Dinshawji Gharda since deceased. The Company is said to be the owner of the property. Gharda House being an old building was required to be demolished and reconstructed. Several proceedings, however, were initiated in respect of the said building by the Bombay Municipal Corporation.

3. Father of the first respondent filed a suit in the y























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