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2018 Supreme(Bom) 922

NARESH H.PATIL, G.S.KULKARNI
Samir Narain Bhojwani – Appellant
Versus
Aurora Properties & Investments – Respondent


Advocates Appeared:
For the Appellant :Mr. P.K. Dhakephalkar, Senior Advocate a/w. Mr. Parimal Shroff, Mr. D.V. Deokar, Mr. Dhruvesh Parikh, Mr. Sachin Pandey and Ms. Ankita Roy I/b. M/s. Parimal K. Shroff & co.
For the Respondent:Mr. Pravin Samdani, Sr. Advocate a/w Mr. Satyen Vora, Ms. Deepti Panda, Mr. Sanmish Gala and Mr. Jigar Shah I/b. M/s. Markand Gandhi & co. Mr. V.K. Ramabhadran, Sr. advocate a/w. Mr Atman Mehta, Mr. Mahendra Ghelani I/b. Law Charter

JUDGMENT :

Naresh H. Patil, J.

This appeal is directed against the impugned order passed by learned Single Judge of this Court in Notice of Motion No.147/2013 dated 9th October, 2017. The parties have presented synopsis of relevant dates and events.

2. On 6th October, 1996 by development agreement made between Andheri Kamgar Nagar Cooperative Housing Society Ltd. (“Society”) of the one part and respondent no.1M/s. Aurora Properties and Investments of the other part, the said Society appointed respondent no.1 as developer of the property situated at Versova Link Road, Taluka Andheri as described in detail in the plaint. A Lease Deed dated 31st March, 1993 was executed in respect of 9402 sq. meters with obligation to construct 243 tenements and 40 tenements for Project Affected Persons free of charge and to develop and dispose of balance F.S.I. as per terms set out in the Development Agreement dated 6th October, 1996. On 22nd September, 1999 by an agreement for sub-development made between respondent no.1 and respondent no.2 here-in-Bombay Slum Redevelopment Corporation Ltd. (here











































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