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2001 Supreme(Bom) 882

R.M.LODHA, NISHITA MHATRE
Kotak Mahindra Finance Ltd. & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - R.M. LODHA, J.:---This batch of three writ petitions was heard together and is being disposed of by this common judgment as the issue involved is identical arising out of similar facts.

2. In Writ Petition No. 669(1995) it is the petitioners case that they agreed to purchase from respondent No. 4 viz. Mahindra Ugine Steel Co. Ltd. the premises situated in the building known as "Bakhtavar" on plot No. 229, Block No. III, Backbay Reclamation, Nariman Point, Bombay on or about 17-1-1994. The facts relating to the title of respondent No. 4 in respect of the said property have been set out in paragraph 3 of the writ petition. As per the said facts, the respondent No. 1 viz. State of Maharashtra by their letter dated 17-5-1971 invited offers to lease land bearing plot No. 225 (later renumbered as Plot No. 229) of Block III of Backbay Reclamation Scheme inter alia from Bakhtawar Construction Co. Pvt. Ltd. the builders. The builders made an offer on 22-5-1971 to take the said plot, on lease upon the terms and conditions set out in a memorandum marked Exhibit "B". The builders were put in possession and as per the offer made by the builders which was accepted by respondent No. 1





















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