SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(Bom) 689

D.K.DESHMUKH
SAHARA INDIA COMMERCIAL CORPORATION LTD. – Appellant
Versus
B. JEEJEEBHOY VAKHARIA & ASSOCIATES – Respondent


Advocates appeared
Mr. V.A. Bobde, Sr. Counsel with Mr. N.G. Thakkar,
Sr. Counsel, Mr. P.K. Dhakephalkar, Sr. Counsel,
Mr. Navneet Shah, Mr. Markand Gandhi, Mr. Gaurav Joshi,
Mr. Satyen Vora and Ms. Kamini Verma i/b Markand Gandhi & Co. for the Plaintiff.
Mr.P.K.Samdhani with Mr.Mohd.Akram i/b Harilal Thakkar & Co. for Defendants Nos. 1 to 3.
Mr.Navin Parekh i/b Vivek Kantawala & Co. for Defendant No.4.
Mr.A.Y.Bookwala with Mr.K.P.Jain i/b Tushar Goradia for Defendants Nos. 7 & 11.

JUDGMENT:

1. This Notice of Motion is taken out by the Plaintiff. In the suit the Plaintiff is seeking a decree of specific performance of the Memorandum of Understanding (MOU) dated 22-12-2001 as also of the approved draft agreement, supplemental draft agreement and 3 approved draft declarations and other ancillary reliefs.

2. In this Notice of Motion, the Plaintiff is claiming an order of temporary injunction for protecting the possession of the suit property of the Plaintiff, but it was admitted before me by the Plaintiff that presently the Plaintiff is not in possession of the land, therefore, there is no question of granting any temporary injunction protecting Plaintiff’s possession of the suit property. The Plaintiff is also claiming a temporary injunction restraining the Defendant No.1 by itself and or through other Defendants from dealing with, disposing of, alienating, or encumbering the suit property during the pendency of the suit. The Plaintiff is a company incorporated under the Companies Act. The Defendant No.1 is a partnership firm of which Defendants Nos. 5 to 10 are the partners. Defendants Nos. 5 to 10 are companies incorporated under the Companies Act. According t
































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top