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2014 Supreme(Bom) 1069

R.M.SAVANT
Zircon Venture Co-operative Housing Society Ltd. – Appellant
Versus
Zircon Ventures – Respondent


Advocates appeared:
For the Petitioner:N.V. Walawalkar, Senior Advocate with Sanjay Kshirsagar, Advocates.
For the Respondents:R1, P K Dhakephalkar, Senior Advocate with Nabar, T Kamat i/by Sonal Doshi and Co., R2 to R111, G.S. Godbole, Senior Advocate with Sumit S. Kothari, Advocates.

Judgment :

1. Rule, with the consent of the learned counsel appearing of the parties made returnable forthwith and heard.

2. The contentious issue whether the Promoter/Developer has made a true and full disclosure of the entire scheme and is consequently entitled to put up construction in the plot in question has once again engaged the attention of this Court.

3. The Petitioner No.1 is a Society comprising of 288 flat purchasers of the 9 buildings developed by the Joint Venture i.e. the Respondent No.1, of one M/s. Vascon Engineers Pvt. Ltd and M/s. Sreemangal Pristine Builders, the Petitioner has taken exception to the order dated 03/02/2014 passed by the learned District Judge-17 Pune by which order the Appeal filed by the Petitioner-Society being Misc. Civil Appeal No.498 of 2012 came to be dismissed and resultantly, the dismissal of the application for temporary injunction (Exhibit 5) by the Trial Court by order dated 09/11/2012 came to be confirmed. The Petitioner is the original Plaintiff, The Respondent No.1 is the original Defendant No.1 and the Respondent Nos. 2 to 111 are the original owners of the suit plot and who are the Defendant Nos. 2 to 111 in the suit in question.



















































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