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2015 Supreme(Bom) 827

S.J.KATHAWALLA
Rohit A. Kapadia – Appellant
Versus
Perviz J. Modi – Respondent


Advocates Appeared:
For the Plaintiffs:Saleh Doctor, Senior Advocate, along with Pradeep Sancheti, Senior Advocate, Atit Shukla, Robin Jaisinghani, Mitesh Naik, instructed by M/s. Dhru & Co., Advocates. For the Defendnat:Joseph Kodianthara, Senior Advocate, instructed by Ricab Chand, Advocate.

Judgment :-

1. The above Suit is filed by the Plaintiffs against the Defendant for the following reliefs:

“(a) this Hon'ble Court be pleased to declare that the concluded contract in terms of the unsigned MOU being Exhibit 'O' to the Plaint, arrived at between the Plaintiffs and the Defendant is valid and subsisting and binding on the Defendant;

(b) the Defendant be ordered and decreed to specifically perform the said concluded contract contained in terms of the unsigned MOU being Exhibit 'O' to the Plaint and for the said purpose to do all acts, deeds and things and execute all necessary documents, papers, applications etc. ;

(c) this Hon'ble Court be pleased to grant a permanent injunction restraining the Defendant by herself and or through her servants and or agents from in any manner selling, alienating, encumbering, transferring, disposing off, parting with possession and/or creating any third party rights in respect of the suit property more particularly described in Exhibit A to the Plaint in favour of any person or persons other than the Plaintiffs;

(c1) without prejudice to the aforesaid, in the event of this Hon'ble Court holding that the Plaintiffs are entitled to specifi










































































































































































































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