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2013 Supreme(Bom) 1995

D.Y.CHANDRACHUD, M.S.SONAK
Shailaja S. Godbole – Appellant
Versus
Disha Constructions – Respondent


Advocates Appeared:
For the Appellants:Girish Godbole with Drupad Patil, Sumeet Kothari, Parag Tilak, Ms. Neha Valsangkar, Advocates.
For the Respondents:R1, Aspi Chinoy, Senior Advocate with Sanjay Jain, Nishant Sasidharan, Kalpesh Mehta, Vasim Shaikh i/b Pravin Mehta, Mithi & Co., D.D. Madon, Senior Advocate with Chetan Kapadia, Farhan Dubash i/b Tushar Goradia and Ms. Kausar Banatwala, Advocates.

JUDGMENT :

Dr. D.Y. Chandrachud, J.

These Appeals arise from a judgment of the Learned Single Judge dated 16 September 2013 in a Motion that was taken out by the First Respondent in a suit seeking enforcement of a redevelopment agreement. An overwhelming majority of the existing members of the co-operative society having acted in fulfillment of the agreement between the society and the developer and having vacated their premises to facilitate redevelopment, the Learned Single Judge issued the impugned directions in the suit of the developer. These directions are intended to ensure that the non-consenting members of the society (14 Appellants in the first appeal and 11 in the second ) do not obstruct the process of redevelopment. For convenience of reference the directions of the Learned Single Judge in the Motion are extracted herein below :

“(i) The Court Receiver, High Court, Bombay, is appointed Receiver in respect of the Suit Property;

(ii) The Plaintiff Developer shall on or before 3rd October, 2013, furnish the Bank Guarantee to the Defendant No. 28 Society as provided in the Suit Agreements and also make payment to the non-co-operating members as agreed under the Suit Agree














































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