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2018 Supreme(Bom) 1938

K.R.SHRIRAM
Jaya R. Shekhawat – Appellant
Versus
Sahakar Corp – Respondent


Advocates Appeared:
For the Petitioners: Mr. Amarendra Mishra., Mr. Anil D. Yadav.
For the Respondents: Mr. A.R. Shaikh I/b. ASD Associates.

JUDGMENT :

1. This chamber summons is for leave to transpose original defendant nos.2,3 and 4 as plaintiff nos.2,3 and 4. Plaintiff has no objection.

2. Plaintiff and applicants (defendant nos.2, 3 and 4) had filed a suit bearing no.913 of 2017 before the City Civil Court at Dindoshi, Mumbai against defendant no.1 for reliefs as prayed for therein, more particularly seeking declaration that the termination dated 14th March 2017 was effective and binding upon defendant no.1. Further reliefs by way of permanent injunction against defendant no.1 from alienating, disposing or Gauri Gaekwad creating third party rights in respect of the suit property was also prayed for. At the time of hearing the application for interim relief, it is stated in the affidavit in support that the Court was of the view that as the disputed Deed of Conveyance was executed for total consideration amount of Rs.14 Crores, there was insufficient court fees paid. It seems the Court also had expressed a view that the pecuniary jurisdiction would be the High Court and not the City Civil Court. Therefore, on 27th July 2017 plaintiff and applicants herein were granted leave by the City Civil Court to withdraw the suit











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