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2016 Supreme(Bom) 2229

ABHAY SHREENIWAS OKA, A.A.SAYED
Zenal Construction Pvt. Limited – Appellant
Versus
Vasudev Vishandas Kataria – Respondent


Advocates Appeared:
For the Appellant : Girish Godbole and Sarika Mehra i/b LJ Law
For the Respondents: Nitin Thakkar, Sr. Counsel, Sneha Dedhia i/b, S.S. Bangera and Manoj Nikose

JUDGMENT :

Abhay Shreeniwas Oka, J.

1. By this Appeal, the Appellant has taken an exception to the Judgment and Order dated 14th June, 2012 passed by the learned Single Judge in a Chamber Summons in the pending Execution Application. Briefly stated the facts of the case are as under:

(a) A Development Agreement was executed by and between the Appellant and the fourth Respondent which is a Co-operative Housing Society duly registered under the Maharashtra Co-operative Societies Act, 1960 (for short "the Co-operative Societies Act"). The first to third Respondents filed a dispute under Section 91 of the Co-operative Societies Act before the Co-operative Court at Mumbai. The Dispute was filed against the present Appellant and the fourth Respondent Society. Even the fifth Respondent who was at the relevant time the Chairman of the fourth Respondent Society was a party to the Dispute. There was a prayer made in the Dispute directing the Appellant to hand over the possession of the property of the fourth Respondent which was the subject matter of the Development Agreement;

(b) On 20th February, 2008, the consent terms were filed in the said Dispute to which the parties to this Appeal are sig
























































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