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2018 Supreme(Bom) 112

S.C.GUPTE
Lakshmi Construction – Appellant
Versus
Pushp Kamal Co-operative Housing Society Limited – Respondent


Advocates Appeared:
For the Applicant :Zal Andhyarujina a/w Tejas Shah I/b Lilani Shah & Co., Advocates.
For the Respondents:Sanjay Jain a/w M/s. Sarika Mehtra I/b L.J. Law, Dr. Birendra Saraf a/w Nita Solanki, Sangita Rathod I/b M/s. Kiran Jain & Co., Advocates.

JUDGMENT :

1. By this Chamber Summons the Plaintiff seeks impleadment of a third party and amendment of the plaint so as to incorporate averments and prayers against the party.

2. The suit is for specific performance of an agreement for sale of immovable property, being a plot of land at Santacruz in Mumbai, together with a building standing thereon (“suit property”). The Plaintiff is an agreement purchaser and developer of the suit property, whilst the Defendant is a cooperative housing society which owns the suit property and is claimed to be the vendor of the Plaintiff. The agreement is said to have been contained in what is described as 'offer letter dated 25 December 2009' between the Plaintiff and the Defendant and concluded on 31 March 2010. It is the case of the Plaintiff firm that at the hearing of its application for interim reliefs, it learnt about a redevelopment agreement entered into by the Defendant with the Respondent herein on 8 November 2012. The Plaintiff submits that this agreement has been entered into with a mala fide intention and is only an attempt to defeat and delay the rights and claims of the Plaintiff forming part of the present suit. The Plaintiff propos



































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