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2011 Supreme(SC) 1075

P.SATHASIVAM, J.CHELAMESWAR
MAKERS DEVELOPMENT SERVICES – Appellant
Versus
M. VISVESVARAYA INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE – Respondent


JUDGMENT

P. Sathasivam, J.-Leave granted in both the Special Leave Petitions. Both these appeals were heard together as they arose out of the same set of facts and common questions of law were involved.

2. SLP (C) No. 22276 of 2011 has been filed by the Makers Development Services Pvt. Ltd. against the order dated 28.06.2011 passed by the Division Bench of the Bombay High Court in Appeal No. 280 of 2008 challenging the order dated 25.04.2008 passed by the learned Single Judge in Notice of Motion No. 3499 of 2007 in Suit No. 2618 of 2007 declining the reliefs claimed in prayer clauses (a) to (f) pending final disposal of the Suit and SLP (C) No. 25972 of 2011 has been filed by M. Visvesvaraya Industrial Research and Development Centre against the same order in Appeal No. 289 of 2008 in Notice of Motion No. 3499 of 2007 in Suit No. 2618 of 2007 granting relief in terms of prayer clause (g).

3. Brief facts:

(a) Makers Development Services Pvt. Ltd.-the appellant herein (Original Plaintiff) is a Company registered under the Companies Act, 1956 engaged in the business of development, building, including the construction and management of hotels and developments pertaining to other hospi




























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