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2018 Supreme(Bom) 1267

SHANTANU KEMKAR, SARANG V.KOTWAL
Pujit Ravikiran Aggarwal – Appellant
Versus
Vardhman Developers Ltd – Respondent


Advocates Appeared:
For the Appellants : Mr. Chirag Balsara a/w Mr. Chinmaya Acharya & Mr. Sumit Phatale.
For the Respondents:Mr. D.D. Madan, Senior Advocate a/w Mr. Karl Tamboly, Ms. Kausar Banatwala & Ms. Gauri Sakhardande i/b Tushar Garodia, Mrs. Kavita Amberkar, 1st Assistant Court Receiver.

JUDGMENT :

SARANG V. KOTWAL, J.

1. This is an appeal filed by the Appellants against the order dated 8th August 2018 passed by a learned Single Judge of this Court, in Commercial Chamber Summons (L) No.495 of 2018 in Commercial Execution Application (L) No.673 of 2018 in Suit No.345 of 2015. The Appellants are related to each other. Appellant No.1 Pujit Ravikiran Aggarwal (Pujit) and No.3 Gunjan Pujit Aggarwal (Gunjan) are husband and wife. Appellant No.2 Ravikiran Surajbhan Aggarwal (Ravikiran) is the father of Pujit. Respondent No.3 Dinesh Kiran Aggarwal (Dinesh) and Gunjan were equal shareholders in a private limited company, by the name, Orbit Dwelling Private Limited (Orbit Dwelling). Respondent No.1 Vardhaman Developers Limited (VDL) was the Plaintiff-company in Suit No.345 of 2015. Respondent No.2 Orbit Corporation Limited (Orbit Corp) was the Defendant in the said Suit.

2. The facts leading to filing of this appeal are as follows :-

2.1 VDL had entered into a conveyance deed dated 10 September 2007 with Orbit Corp in respect of the property situated on C.S. No.460, 461, 462, 1/462 and 2/462 of Lower Parel Division, admeasuring 4719.41 sq meters or thereabout at Tulsipipe Road,




















































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