Back
RIYAZ I. CHAGLA
Jayesh Mathurbhai Patel – Appellant
Versus
Bhakti Enterprises – Respondent
JUDGMENT
Riyaz I. Chagla, J. - Heard learned Counsel appearing for the Applicant/Plaintiff, learned Counsel appearing for Defendant Nos. 3 to 6 as also learned Counsel appearing for the Defendant No. 8.
2. By the present Interim Application, the Applicant/Plaintiff is seeking an injunction restraining Defendant Nos. 3 to 8, their agents, servants and/or person or persons claiming through them from selling, encumbering any third party right, title and interest in respect of the Suit fat being Flat No. 1304 admeasuring 800 Sq.ft. Carpet area on the 13th floor without car park level in the building known as Samaj Darshan, Parekh Lane, Kandivali (West), Mumbai 400 067 (for short 'Suit fat). The Interim Application also seeks appointment of Court Receiver as a receiver in respect of the Suit fat. Further direction is sought against Defendant Nos. 3 to 8 to reserve area equivalent to the suit fat admeasuring 800 sq.ft. (carpet area) to protect the legitimate right of the Applicant/Plaintiff in respect of the Suit fat. Certain other consequential relief is also sought for.
3. The Applicant/Plaintiff claims to have purchased the Suit fat for consideration under the Agreement for Sale dated 25
The lack of privity of contract between the Plaintiff and the new developer led to the denial of ad-interim relief.
Third-party purchasers cannot enforce rights against a society after the termination of the developer's agreement; their remedies lie solely with the developer.
Third parties affected by Section 17 interim orders refusing possession have Section 37 locus; tribunal's blanket lien over sold flats perverse ignoring allocation confirmations and developer's knowl....
(1) Interlocutory injunction—Appellate Court can interfere with order of trial court when it is found that discretion has been exercised by trial Court arbitrarily or capriciously or perversely or wh....
The main legal point established in the judgment is that readiness and willingness to perform an Agreement to Sell, as well as the obligations of the parties under the Agreement, are crucial factors ....
An agreement to sell does not confer ownership rights; lawful possession is required for injunction, and plaintiffs must seek title declaration against third parties.
The Court emphasized the importance of truthfulness and transparency in legal proceedings, and upheld the principle that an amendment to the plaint relates back to the date of the suit, allowing the ....
The main legal point established in the judgment is the conditions for granting specific performance of a development agreement, including the need for a substantial interest in the performance of th....
The court emphasized the importance of establishing a strong prima facie case and considering the balance of convenience in granting interim injunctions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
