ANOOP V.MOHTA
Milan Commercial Pvt. Ltd. – Appellant
Versus
Asian Healthcare Services Limited – Respondent
1. This Notice of Motion dated 30.04.2008 is taken out by the plaintiff in a pending Suit for declaration & specific performance & various interim reliefs/injunction.
2. It is necessary to note the basic prayers of the Suit, covering prayers for interim reliefs also, which are as under:
(a) that this Hon’ble Court be pleased to pass an order of declaration that the Defendant No.1 is lawfully entitled to remain in possession of the said land mentioned in paragraph 14 hereof and to develop and construct the said hospital on the said land and to use the said land for the purpose of building a super specialty hospital.
(b) that this Hon’ble Court be pleased to pass an order of Declaration that the purported letter of termination dated February 1, 2008 addressed by the Defendant No.2 to Defendant Nos. 3 & 4 is wrongful, illegal and not binding on the Defendant No.1 Company and its shareholders including the plaintiff.
(c) that this Hon’ble Court be pleased to pass an order of Specific performance of the agreement dated April 23, 2007 (Ex. `H’ hereto) in favour of the Defendant No.1 by other Defendants and all ancillary orders and directions for the implementation thereof.
(C
Seema Arshad Zaheer v. Municipal Corpn. Of Greater Mumbai (2006) 5 SCC 282
IL & FS Trust Company Limited & anr. vs. Birla Peruccinni Limited & ors. 2003 (3) Bom.C.R. 334.
Rolta India Ltd. & anr. vs. Venire Industries 2000 (2) Bom.C.R. 241.
New Horizons Limited & anr. vs. Union of India & ors. (1995) 1 SCC 478.
Gujarat Bottling Company Ltd. & ors. vs. Coco Cola Company & ors. (1995) 5 SCC 545
V.B. Rangaraj vs. V. B. Gopalakrishnan & ors. (1992) 1 SCC 160.
Ram Sarup Gupta (dead) by L.Rs. vs. Bishun Narain Inter College & ors. AIR 1987 SC 1242.
Life Insurance Corporation of India vs. Escorts Ltd. & ors. (1986) 1 SCC 264.
Antaios Cia Navieras SA V Salen Rederierna AB
Naresh Chandra Sanyal v. The Calcutta Stock Exchange Association Ltd. AIR 1971 SC 422.
Dr. K.A. Dhairyawan and others vs. J.R.Thakur and others AIR 1958 SC 789.
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