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2024 Supreme(Bom) 412

BHARATI DANGRE
Pittie Antariksh Grl Pvt Ltd. – Appellant
Versus
Kher Nagar Sai Prasad Co-operative Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff :Mr. Sharan Jagtiani, Sr. Advocate with Mr.Karl Tamboly, Ms. Shraddha Achaliya, Bharat Jain and Mr.Anant Ratnaparkhi i/b I.C. Legal
For the Defendant : Mr.Aseem Naphade i/b Mr.Aditya P. Shirke

JUDGMENT :

1. The plaintiff – Pittie Antariksh Grl Pvt. Ltd (for short ‘Antariksh’), a Private Company engaged in the business of Real Estate, Construction and Development has filed a Suit, seeking a declaration for a valid, binding and subsisting contract with the defendant in terms of the letters dated 30/8/2021 and 23/10/2021, and for a decree of its performance and to do all acts, including execution of the development agreement as necessary for effectively performing the contract as recorded in the above mentioned letters. A declaration is also sought that the letter dated 24/5/2023 issued by the defendants, terminating the arrangement between the parties, is illegal, contrary to law and non-est.

2. A permanent and mandatory injunction is sought against the Defendant, Kher Nagar Sai Prasad Co-operative Housing Society Ltd. (Referred to as “Society”) from entering into an agreement, appointing another developer for redevelopment of the defendant’s building and/or creating third party rights in respect of the suit property.

Interim Application (L) No. 27970/2023 is filed in the

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