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2010 Supreme(Bom) 1623

R.Y.GANOO
BPM Industries Ltd. – Appellant
Versus
Samartha Development Corporation – Respondent


Advocates Appeared:
Mr. SHYAM MEHTA and ZAL ANDHY ARUJINA i/d. Yasrnin Bhansali & Co., for the Plaintiffs.
Mr. V. A. THORA T, Sr. Counsel with V AIBHA V SUGDARE, ROHAN RAJADHYAKSHA and VINA Y BANDIWADEKAR ilb. Mahirntura and Co., for the Defendants.

JUDGMENT

The Plaintiffs instituted this Suit on 27th August, 1999 for following reliefs:(a) That this Hon'ble Court be pleased to declare that the Indenture of Lease dated 6th May, 1949 in respect of the suit property, whereof the Plaintiffs are the lessees of the said property, has stood renewed with effect from 1st May, 1999 for a period of 50 years as provided in the said Indenture of Lease dated 6th May, 1949 and as modified/substituted subsequently by Agreement dated 31st August, 1955 and reiterated in the Deed of Conveyance dated 25th November, 1993;

(b) That this Hon'ble Court be pleased to order and decree the Defendants to specifically perform the contract for renewal of the Lease contained in the Indenture of Lease dated 6th May, 1949, the Agreement dated 31 st August, 1955 which have been approved, adopted and binding on the Defendants by virtue of Deed of Conveyance dated 25th November, 1993, and execute the necessary renewal and do all other acts and things necessary for that purpose;

(c) That this Hon'ble Court be pleased to declare that the terms and conditions of the Indenture of Lease dated 6th May, 1949 and the Agreement dated 31st August, 1955 are binding on the D







































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