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2019 Supreme(Bom) 912

SANDEEP K.SHINDE
Sujan Bhabani Prasad Chatterjee – Appellant
Versus
Rajendra Kumar Singh – Respondent


Advocates Appeared:
D.S. Hatle, Adv., Jamsandekar Deepak Pundlik, Adv., Shanay Shah, Adv., Huzefa Khokhawala, Adv., Gauri Menon, Adv., Nankani Associates, Adv., O.A. Das, Adv.

JUDGMENT :

Sandeep K Shinde, J.

Rule. Heard. With consent of the parties, heard finally at the admission stage.

2. Petitioners (Plaintiffs) instituted Special Civil Suit No.660 of 2014 against the respondents/defendants seeking following reliefs:

"(i)The Defendant No.2 be directed to handover the chain of documents in respect of the suit property, which have been mortgaged to the defendant no.2 by the defendant no.1 and the same are lying in the safe custody of the defendant no.2.

(ii) The Defendant No.1 be ordered, decreed and directed to pay the amount of Rs.3,24,706/- (Rs.1,55,000/- + Rs.1,24,000/- + Rs.45,706/-) (Rs. Three Lakhs Twenty Four Thousand Seven Hundred and Six Only) to the Plaintiffs being the amount paid to him in excess than the consideration value as per the Agreement for Sale, which is attributable on his part.

(iii) The Defendant No.1 be further directed and ordered to pay the compensation of Rs.5,00,000/- (Rupees Five Lakhs Only) to the plaintiffs for causing the mental and physical harassment to them."

Pending suit, he filed an application seeking directions to the return of documents of defendant no.2 Senior Manager of the Bank of India, Mumbai to handover documents

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