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2003 Supreme(Bom) 183

R.J.KOCHAR
Volition Investment Pvt. Ltd – Appellant
Versus
Madhuri Jitendra Mashroo & another – Respondent


JUDGMENT - KOCHAR R.J., J.:---The plaintiff, a company incorporated under the provisions of the Companies Act, 1956 has filed the present suit for specific performance of the agreement dated 24th July, 2002, alternatively and/or for damages to the tune of Rs. 15 crores as set out in the particulars of claim with interest. The plaintiffs have prayed for a declaration that the termination of the aforesaid agreement viz., the Memorandum of Understanding (M.O.U.) dated 24th July, 2002 is illegal, void and contrary to the terms of the contract and law. The plaintiffs have further sought declaration that the said agreement is valid, subsisting and binding on the defendants. There are other incidental prayers including the interim reliefs that have been prayed for by the plaintiffs.

2.In the present Notice of Motion, the plaintiffs have prayed for appointment of Court Receiver for the suit property and also an injunction against the defendants from creating any third party interest of any nature in the suit property and also injunction against the defendants from transferring any tenancy right or creating any new tenancy in respect of the existing tenements as set out in Exhibit C to the p
























































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