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2019 Supreme(Bom) 1642

RIYAZ I.CHAGLA
Edit II Productions – Appellant
Versus
Standard Chartered Bank – Respondent


Advocates Appeared:
Rohaan Cama, Adv., Sapana Rachure, Adv., Kranti S. Anand, Adv., Neeta Karnik, Adv.

JUDGMENT :

Riyaz I Chagla, J.

The Applicant who is the Plaintiff in the above Suit has taken out the Notice of Motion challenging the agreement for sale dated 15th September 2015 in respect of Flat No. 704, Evershine Woods, 7th Floor, B3(3) Building, Mira Road (E), District Thane ("the subject flat") and for declaring the said agreement for sale to be illegal, null and void, non-est, bad in law and not binding on the Plaintiff.

2. The Applicant has further sought a direction against Respondents No. 1 to 3 and Respondents No. 5 to 8 to take all necessary steps to cancel the agreement for sale dated 15th September 2015 and failing which the Court Receiver to be directed to do the same as well as forthwith take physical possession of the subject flat and handover the same to the Plaintiff. Prayer (d) of the Notice of Motion has already worked itself out and hence, has become infructuous.

3. The Plaintiff had filed the above Suit claiming compensation on account of financial loss caused to the Plaintiff and compensation on account of the injury caused to the Plaintiff due to the acts of the Defendants. The Plaintiff has also sought sale of the 14 properties purchased and acquired in the na

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