Time Field Corporation vs Sankalp Co-operative Housing Society Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Bom) 289

N.J.JAMADAR
Time Field Corporation – Appellant
Versus
Sankalp Co-operative Housing Society Limited – Respondent

Advocates:
Advocate Appeared:
For the Plaintiff : Mr.J.S. Kini, a/w. Ms. Sapna Krishnappa
For the Defendant :Mr. J.P. Cama, Senior Advocate, a/w Mr. Amit Saple, Ms. Priyanka, Kumar, Ms.Roshni Vipani, and Mr. Anilkumar K.P., for defendant and applicants.

Table of Content
1. dispute over consent decree regarding property (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. allegations of fraud in obtaining consent decree (Para 12 , 13 , 14)
3. defense against setting aside the consent decree (Para 15 , 16)
4. court's analysis of membership of society (Para 18 , 22 , 23 , 24 , 32)
5. consent decree resultant of misrepresentation and fraud (Para 34 , 35 , 36 , 71)
6. final ruling on setting aside consent decree (Para 72)

JUDGMENT :

1. This notice of 1motion is taken out by Shri Sankalp Co-operative Housing Society Limited, the defendant and the respondents who claimed to be the members of the defendant society (collectively referred to as ‘the applicants’), to set aside the consent decree passed by this Court on 19th April 1993 and the amendments thereto made by orders dated 28th September 1993, 20th February 1996, 19th December 1996 and 17th February 1999 and the Conveyance of the property of the society executed in favour of the plaintiff in pursuance of the aforesaid consent decree.

2. The genesis of the dispute between the parties is in the w

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2020 Supreme(Bom) 289

N.J.JAMADARTime Field Corporation – AppellantVersusSankalp Co-operative Housing Society Limited – Respondent

Cases Referred (8)

N.J.JAMADAR
Time Field Corporation – Appellant
Versus
Sankalp Co-operative Housing Society Limited – Respondent