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2004 Supreme(Bom) 387

A.S.AGUIAR
Sharad Chhajjuram Aggarwal & another – Appellant
Versus
Bombay Builders Company Pvt. Ltd. & another – Respondent


JUDGMENT - AGUIAR A.S., J.: - The plaintiffs have filed the present suit praying that the defendants be ordered and decreed to specifically perform the agreement dated 17th May, 1979 and hand over vacant and peaceful of Flat No. 903, in the building known as "Mahendra Towers", together with a covered car parking space to the plaintiffs. Alternatively, the first defendant be ordered and decreed to pay to the plaintiffs a sum of Rs. 30,98,425/- with further interest, as more particularly set out in particulars of claim at Exhibit M to the plaint. The plaintiffs have also prayed for interim relief by way of injunction restaining the defendants from dealing with or disposing of, transferring, encumbering, using or parting with possession of the said Flat No. 903 or car parking space or any part thereof or inducting any one therein.

2. Briefly stated the facts of the case are that defendant No. 1, a Private Limited Company, engaged in the construction of buildings, is the builder of the building known as Mahendra Towers, on plot of land admeasuring about 3000 sq. fts., situate at 72, Bomanji Petit Road, Cumballa Hill, Bombay 400 026, defendant No. 2 is a statutory body under the Industr




































































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