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2008 Supreme(Bom) 1190

ROSHAN DALVI
Star Apparels Pvt. Ltd. – Appellant
Versus
Parampreet Singh Bindra alias King Bindra & Ors. – Respondent


Advocates:
Advocate Appeared
Mr. D.D.Madon , Sr. Counsel with Mr. V.V.Kanade ,
Ms. D. Khare i/b. Shralkar & Co. for Plaintiffs
Mr.P.K.Samdani , Sr. Counsel a/w. Mr. Kamal Khata &
Mr. H.C. Mehta and S. Nasradaria, Ms. Deepti Shah
i/b. Mehta & Co for Defendant No.1
Mr.F.E . D'Vitre, Sr. Counsel with Mr. Ramesh Tiwari
i/b. B. Dandekar for Defendant Nos.3
Mr. V.R. Dhond i/b. M/s. Prakash & Co for Defendant No.7

JUDGMENT

1. The Plaintiffs have essentially sued for specific performance of the Agreement /Memorand um of Understanding (MOU) dated 18th May, 2006 entered into between the Plaintiffs and Defendants 1 and 2. The Plaintiffs have challenged the termination of that agreement. The Plaintiffs also seek a declaration that the MOU dated 30 th June, 2005 between Defendant No.3 and Defendant No.1 is valid and subsisting, and for an order that Defendants 3 to 6 specifically performed the said MOU. The Plaintiffs have further sought the declaration that an agreement dated 26 th December, 2007 between Defendant No.3 and Defendant No.1 is void, and further that an agreement dated 29 th Janua ry, 2007 between Defendant No.1 and Defendant No.7 is also void. The Plaintiffs have applied for ancillary reliefs with regard to those agreement s and in the alternative for damages.

2. The Suit property is the land bearing CTS No.82 at village Malegaon, Tal: Andheri, Mumbai.

3. The relationship between the parties to the aforesaid agreement s must be first understood. The Plaintiffs have entered into an agreement with Defendant No.1. Defendant Nos.1 and 2 are not the









































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