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2009 Supreme(Bom) 1522

ANOOP V.MOHTA
Milan Commercial Pvt. Ltd. – Appellant
Versus
Asian Healthcare Services Limited – Respondent


Advocates Appearing:
For the Plaintiff:S.H. Doctor, Sr.Counsel with Siddharth Mitra, Zal Andhyarujina, Ms. Rupa Mitra and Ms. Nandini Khaitan, Chakrapani Misra, Devesh Juvekar, Vishal Maheshwari and Mr.Ameya Gokhale, i/b. M/s.Khaitan & Co., Advocates. For the Defendants:D1, Harish Pandya i/b. Aditya Khanna, D3, D4, D5 to D8, D16 to D21, Rahul Chitnis i/b. Mustafa Banatwala, D2, D9 to D15, Fredum Divetre, Sr.Counsel with Akshay Patil, Vikram Trivedi, Rohan Cama, Faisal Sayyed and Ms. S. Dadachanji i/b. M/s. Manilal Kher Ambalal & Co., D22, Narendra Walawalkar, Sr. Counsel and Gaurav Joshi with Ms. Anisha Shroff i/b. M/s.A.T. Agarwal, D23, E. P. Bharucha, Sr. Counsel i/b. M/s. Vimadalal & Co., Advocates.

Judgment :

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






































































































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