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2018 Supreme(Bom) 546

NUTAN D.SARDESSAI
Shirka Constructions – Appellant
Versus
Appollo Engineers & Contractors Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellants :Nitin Sardessai, Senior Advocate with G. Panandikar, Advocate.
For the Respondent:Parag Rao, Advocate.

JUDGMENT :

1. The appellants who are the original defendants are challenging the impugned order dated 09.01.2017 passed by the Ad-hoc Senior Civil Judge, Margao pursuant to which he allowed the respondents application for injunction and restrained the present appellants through their servants, agents etc. from interfering in the suit property and carrying out further construction therein.

2. Briefly stated, the respondents had entered into an Agreement dated 22.01.2007 with the members of the Society known as Vidya Vikas Co-operative Housing Society Ltd. ('Society' for short) pursuant to which the respondents were to convey to the Society 30 residential flats in the building/s, which were to be erected by them. The Power of Attorney dated 22.01.2007 was also executed by the members of the Society in favour of the respondent No.2. The respondents had entered into an Agreement with M/s. Vrudhi Buildcon Pvt. Ltd. for carrying out the construction and development of the proposed project but which came to be terminated mutually between the parties and thereafter, the respondents entered into the Memorandum of Understanding for development, construction and sale dated 24.10.2009 for the pu










































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