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2006 Supreme(Bom) 165

ANOOP V.MOHTA, R.M.LODHA
Mahendra Jayantilal Vora – Appellant
Versus
Aditya Enterprises – Respondent


Judgment

R. M. LODHA, J.

( 1 ) THE appellants are original plaintiffs in the suit filed by them for declaration that the agreement dated 26th august, 2002 has been legally and validly terminated by the plaintiffs with effect from 10th March. 2004 and that the defendants have no right, title or interest under the said agreement and/or in respect of construction already put up by the defendants and direction to defendants by way of mandatory injunction to remove themselves and their materials and machineries etc. from the said construction site forthwith. The plaintiffs took out Notice of motion praying for the following interim reliefs:" (a) that pending the hearing and final disposal of the suit, the Defendants, their servants and agents be directed by a mandatory order an injunction to forthwith remove themselves their materials and machineries, etc. from the said construction site. (b) Pending the hearing and final disposal of the suit, Court Receiver, High Court bombay be appointed as Receiver under order XI, Rule 1 of CPC with all powers with directions to appoint the Plaintiffs as his agents without any security or royalty in order to develop and construct on the construction








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