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2005 Supreme(Bom) 151

S.K.SHAH
Flowfast Engineers (India) – Appellant
Versus
D & H Secheron Electrodes Pvt. Ltd. & others – Respondent


JUDGMENT - SHAH S.K., J.: - The plaintiffs filed this suit for specific performance of the oral agreement dated 30-11-1977 for purchase of basement-cum-godown premises as described in Exhibit "A" annexed to the plaint.

2. The plaintiffs are a partnership firm. They are carrying on business as manufacturers of and dealers in engineering goods. The defendant No. 1 is a Private Limited Company. Defendant No. 2 is a partnership firm. Both defendants Nos. 1 and 2 are carrying on their business in the premises situate in Merchant Chambers, 5th Floor, Vithaldas Thakersey Marg, Mumbai 400 020. The business of the defendant No. 1 Private Company is as manufacturer of Electrodes and other allied articles. The business of the defendant No. 2 partnership firm is as Financiers and Builders. The defendant No. 3 is one of the Directors of the defendant No. 1 company and also one of the partners of the defendant No. 2 firm. The defendant No. 4 is the manager of the defendant No. 2 firm and defendant No. 5 is one of the directors of the defendant No. 1 company.

3. In the year 1974, the plaintiffs had purchased on ownership basis from the defendant No. 2 firm the Dalamal Chambers flat. Since then, the















































































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