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2013 Supreme(Bom) 1820

S.J.KATHAWALLA
Disha Construction – Appellant
Versus
SJaysen S. Mastakar – Respondent


Advocate Appeared:
For the Plaintiff:Aspi Chinoy, Senior Advocate Along with Sanjay Jain, Nissan Sasidharan, Kalpesh Mehta, Vashim Shaikh, instructed by M/s. Pravin Mehta, Mithi & Co., Advocates.
For the Defendants:D1 to D11, Virag Tulzapurkar, Senior Advocate Instructed by S.A. Oak, D13 to D22, D24, D25 to D27, A.G. Damle, instructed by Rupesh Lanjekar, D28, Tushar Goradia, Advocates.

JUDGMENT

1. The above Suit is filed by the Plaintiff for (i) a declaration that the Suit Contract (Exhibits O, U and II to the Plaint) is valid, subsisting and binding upon the Defendants;

(ii) a mandatory order and injunction directing Defendant Nos. 1 to 28 to comply with the Suit Contract (Exhibits O, U and II to the Plaint); (iii) an order directing Defendant Nos. 1 to 27 to sign and execute the Tripartite Agreements in terms of Clause 4 of the Second Supplemental Agreement (Exhibit-II to the Plaint); (iv) a mandatory order and injunction directing Defendant Nos. 1 to 28 to forthwith hand over quiet, vacant and peaceful possession of the property more particularly described in Exhibit-A to the Plaint, for the purpose of carrying out redevelopment thereof in accordance with the terms and conditions of the Suit Contract (Exhibits O, U and II to the Plaint); (v) a perpetual order and injunction restraining Defendant Nos. 1 to 28 from, in any manner selling, transferring, alienating, dealing with, disposing off and/or creating third party rights and/or encumbrances in respect of the property described in Exhibit-A to the Plaint; and

(vi) to order and decree Defendant Nos. 1 to 27 t























































































































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