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2013 Supreme(Bom) 1703

ROSHAN DALVI
Hanif Gulamali Somji – Appellant
Versus
Purnima Agro Projects Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellants:Amit Borkar, Advocate.
For the Respondents:Uday Warunjikar a/w. V.B. Tapkir, Advocates.

JUDGMENT :

Rule. Made returnable forthwith.

1. The appellants/plaintiffs challenged a sale deed dated 10th February, 2012 executed by defendant No.3 company on the basis of a power of attorney dated 5th March, 2010 executed in favour of defendant No.1 company by the defendant No.2 as a Director of defendant No.3. The defendant No.2 is also a Director of defendant No.1. The appellants/plaintiffs claim to be owners of the suit property under a sale deed dated 5th July, 2007 executed in favour of the appellants/plaintiffs by the initial landowners as vendors. The defendant No.3 company claims rights under a development agreement executed by the plaintiffs in favour of defendant No.3 dated 25th April, 2008. The defendant No.3 seeks to further sell the suit property to third parties. The plaintiffs applied for injunction in that behalf which has been refused under the impugned order of the learned VI Joint Civil Judge Senior Division, Nashik dated 22nd February 2013, which is challenged in this appeal.

2. It has been the grievance of the plaintiffs that the defendant No.2 who was made additional Director in defendant No.3 company removed plaintiff No.1 as the Director of defendant No.3




































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