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2022 Supreme(Bom) 821

G.S.PATEL, MADHAV J.JAMDAR
Time Field Corporation – Appellant
Versus
Sankalp Co-op. Housing Society Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. J.S. Kini, a/w Sapna Krishnappa.
For the Respondents: Mr. J.P. Cama, Senior Counsel, with K.P. Anil Kumar, Amit Saple & Chinmay Apte.

JUDGMENT :

G.S. Patel, J.

1. The appeal is directed against an order dated 2nd June 2020 of a learned Single Judge (N.J. Jamadar, J.) made on a Notice of Motion filed by Shri Sankalp Co-operative Housing Society Limited (“the Society”), the sole Defendant to the Suit, supported by 14 Respondents, all claiming membership of the Society. The Motion, filed in 1999, sought an order setting aside a consent decree passed by this Court on 19th April 1993 and amendments to the Consent Decree allowed by orders dated 28th September, 1993, 20th February 1996, 19th December 1996 and 17th February 1999. The Motion also sought to have set aside a conveyance of the Society’s property purportedly executed in favour of the Plaintiff. By the impugned order, the learned single Judge allowed the Notice of Motion and set aside the consent decree. He returned a finding of fraud.

2. The dispute began with a works contract that the Society entrusted to the Plaintiff, Time Field Corporation, a partnership firm of contractors and developers/builders. Time Field Corporation claimed that it was owed amounts under the works contract by the Society. The Society was registered in 1968. For the purposes of repairs a

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