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2012 Supreme(Bom) 2129

S.J.KATHAWALLA
Mana Builders and Developers Pvt. Ltd. – Appellant
Versus
Firdous Park Co-operative Hsg. Soc. Ltd. – Respondent


Advocates appeared:
For the Plaintiffs:Deepak Chitnis, instructed by M/s. Deepak Chitnis-Chiparikar & Co., Advocates.
For the Defendants:D1, P.K. Samdani, Senior Advocate, along with Nikhil Karnawat & Ms. Gogre, instructed by Nivit Srivastava, D10, Ms. Rebecca Dias Dias, instructed by M/s. AKS Legal, Advocates.

Judgment :

1. The above suit is filed by the Plaintiffs inter alia for an order and decree against the Defendants to specifically perform the Memorandum of Understanding (“MoU”) dated 10th March 2008 (Exhibit-H to the Plaint), Development Agreement dated 24th March 2008 (Exhibit-J to the Plaint) and also to execute all necessary documents/writings so as to effectually sell, transfer and convey the right, title and interest of the Defendants property bearing Survey No. 20, Hissa No. 4, corresponding C.T.S. Nos. 112, 112/1 to 112/7 admeasuring 5335.35 sq. meters situate at Village Bandivali, Tal. Andheri, Mumbai Suburban District (“the suit property”) to the name of the Plaintiffs.

2. The Plaintiffs have taken out the above Notice of Motion in the suit seeking interim reliefs i.e. appointment of a Court Receiver in respect of the suit property and an injunction restraining the Defendants from in any manner dealing with, and/or disposing off and/or creating any third party rights in respect of the suit property and from permitting any person other than Plaintiffs from carrying out the work of redevelopment of the suit property.

3. The Defendant No.1 Society is the owner of the suit pro









































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