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2014 Supreme(Bom) 1857

R.D.DHANUKA
Wadhwa Group Holdings Pvt. Ltd. – Appellant
Versus
Abdul Rehman Qureshi – Respondent


Advocates Appeared:
For the Plaintiff:D.D. Madon, Senior Advocate, a/w. Chirag Balsara, Parimal Shroff, D.V. Deokar, Pinakin Modi, i/b. Parimal Shroff & Co., Advocates.
For the Defendants:Chetan Kapadia, i/b. Haresh Mehta & Co., Kevic Setalvad, Senior Advocate, a/w. Anupam Surve, i/b. Javed Hussein, B.S. Mishra, i/b. Shakti Deengar, Javed Hussein, P. Ranjan, i/b. Halai & Co., R.M. Momin, Advocates.

JUDGMENT

R.D. DHANUKA, J.

1. By this notice of motion, the plaintiffs seek an order and injunction against the defendant nos. 1 and 3 to 17 from in any manner dealing with or disposing of, alienating or encumbering or creating any third party rights in respect of the suit property or any part thereof described in prayer (a) of the notice of motion and/or parting with possession or inducting any third party in possession in any manner whatsoever and also seeks appointment of court receiver in respect of the said property.

2. The plaintiffs were formerly known as Vinit Estate Private Limited and had filed a suit inter alia praying for a declaration that the Memorandum of Understanding for sale of the suit property described in Ex.A to the plaint dated 23rd March, 2006 executed by and between the plaintiffs and defendant no.1. Is valid, subsisting and binding upon defendant nos. 1 and 3 to 17 and also seeks specific performance thereof. Some of the relevant facts for the purpose of deciding this notice of motion.

3. It is the case of the plaintiffs that the defendant no.1 is the owner of the suit property. Defendant no.2 is a partnership firm duly registered. Defendant no.1 is a partne




































































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