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2018 Supreme(Bom) 480

N.M.JAMDAR, NUTAN D.SARDESSAI
East India Hotels Limited – Appellant
Versus
Esperence Leonita Dias – Respondent


Advocates Appeared:
For the Appellants :Sudesh Usgaonkar, Rosette Marie Pereira, Advocates.
For the Respondents:V.A. Lawande, P. Kaur, Raunaq Rao, D.J. Pangam, P. Sawant, Advocates.

JUDGMENT :

N.M. Jamdar, J.

1. By this Appeal, the Appellants-Original Plaintiffs have challenged the dismissal of their suit filed for specific performance of agreement of sale.

2. The Appellants-Plaintiffs are companies incorporated under the provisions of Companies Act. According to the Plaintiffs, they were desirous of setting up a hotel complex and for that purpose, they intended to purchase the property known as “Setimo Lanco De Praias” admeasuring 3499 square metres situated in the Village of Cavelossim, Salcete, Goa and registered in the land registration office of Salcete at Margao under no.29365 and enrolled in the Talula Revenue Office at Margao under matriz no.844 and surveyed under nos.122/6 and 122/5(part). Defendant Nos.1 to 7 are the owners of the suit property. The Defendant Nos.8 to 9 were carrying out business of Real Estate in the name of 'Jercy Group'. The Defendant No.10 was a partnership firm carrying on business as dealers in Real Estate/Real Agency. Defendant Nos.8, 11 and 12 were partners of Defendant No.10 i.e. firm known as J. M. Builders Corporation.

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