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2007 Supreme(Bom) 1737

D.Y.CHANDRACHUD
Fairview Co-operative Housing Society Ltd. – Appellant
Versus
Savinder S. Rekhi – Respondent


Advocates:
Advocate Appeared
Dr.Virendra Tulzapurkar, Senior Advocate with Mr. Kevik Sethalwad
i/b. M/s. D.H. Law Associates for the Plaintiff.
Mr.F. Devitre, Senior Advocate with Mr.Snehal Shah i/b. M/s.
Purnanand & Co. & S.B. Kotak & Co. for Defendant Nos.1 and 2.
Mr. D.H. Mehta with Mr. H.C. Pimple and Mr. R.Y. Sirsikar for
Defendant No.6.
Mr. S.U. Kamdar with Ms.Deepa Pohuja for Defendant No.8.

JUDGMENT :

The relief which has been sought by the Plaintiff in the Notice of Motion which falls for consideration is to the following effect: -

(i) Injunctive relief is sought against the Defendants from loading or utilizing TDR on the plot of land forming the subject matter of the suit; (ii) Injunctive relief is sought against Defendant Nos.1 to 5 and 8 from carrying out development or construction on the plot in question;

(iii) Injunctive relief is sought restraining Defendant Nos.1 to 5 and 8 from entering into transactions for the sale of premises in the proposed building which is to be constructed on the plot;

(iv) Implementation of the sanction and permission granted by the Municipal Corporation for development is impugned; and

(v) The appointment of a Receiver is sought in respect of the work of construction that is being carried out by Defendant Nos.1 to 5 and 8. Arguments have been heard on the Notice of Motion and with the consent of all the Learned Counsel, the Motion has been taken up for hearing and final disposal.

2. The plot of land to which the proceedings relate, comprises of CTS 1613 at Chembur and admeasures 2787 sq.mtrs. The land was allotted to Preeti Sahu when



















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