SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Bom) 275

S.C.GUPTE
Pankaj Unit No. 1 Housing Development Company Private Limited – Appellant
Versus
Oshiwara Land Development Company Private Limited – Respondent


Advocates appeared:
For the Plaintiffs:Iqbal Chagla, Senior Advocate with Janak Dwarkadas, Senior Advocate with Mustafa Doctor with Rohan Rajadhyaksha i/b. M/s. Warerkar & Warerkar, Advocates.
For the Defendants:D1, Dr. Virendra Tulzapuarkar, Senior Advocate with Amit Jamsandekar, Neha Bhatt i/b. M/s. Bilawala & Co., D2, D. Madon, Senior Advocate with Aditya Shiralkar i/b. N.R. Gandhi, Advocates.

Judgment

1 The Notice of Motion applies for a decree on admission. The facts of the case may be briefly set out as follows.

2 Plaintiff Nos. 1 and 2 are companies under Part IX of the Companies Act, 1956 incorporated as such upon conversion of two co-operative societies, which themselves came into existence on account of de-merger of Pankaj Co-operative Housing Development Society Ltd. (“Principal Society”).

3 Defendant No. 1 was the owner inter alia of land forming part of Survey No. 41 at Oshiwara in Mumbai, which was reserved as No Development Zone (“suit property”). By a registered Deed of Lease of 17 September 1981, Defendant No. 1 demised the suit property unto the Principal Society for 98 years. Clause 6 of the Lease Deed provided that the Lessee shall have a right to purchase the reversionary rights in respect of the suit property from the Lessor at the rate of Rs. 9.95 per sq. ft. In 1981 and 1983 development agreements were entered into in respect of the suit property between the Principal Society and Defendant No. 2 (who was originally Plaintiff No. 3 in the present suit and later transposed as a defendant as mentioned below). The suit property was surveyed and measured in





















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top